35-96 ORDINANCE NO. 35-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF Dw.~.RAY
BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF
MILITARY TRAIL, APPROXIMATELY !, 400 FEET SOUTH OF
ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR SAID
LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE
COMPREHENSIVE PLAN; ~.RCTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMA~,~. SCALE LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8
(MEDIUM DENSITY RESIDENTIAL - 8 UNITS/ACRE); PROVIDING A
GENERAL REPEA~.~.R CLAUSE, A SAVING CLAUSE, AND AN
WHEREAS, Louis J. Carusillo and Harold R. Evans are the fee-simple
owners of a 3.76 acre vacant parcel of land located on the west side of
Military Trail, approximately 1,400 feet south of Atlantic Avenue; and
WHEREAS, Michael Covelli, Caulfield & Wheeler, Inc., as duly
authorized agent for the fee-simple owners hereinabove named, has requested
by voluntary petition to have the subject property annexed into the
municipal limits of the City of Delray Beach; and
WHEREAS, subject property contiguous
the
hereinafter
described
is
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;
WHEREAS, the subject property hereinafter described is presently
under the jurisdiction of Palm Beach County, Florida, having a County Future
Land Use Map designation of HR-8 (High Density Residential - 8 units/acre);
WHEREAS, the Advisory Future Land Use Map (FLUM) designation for
the subject property in the City of Delray Beach, Florida, is Medium Density
Residential 5-12 units/acre; and
WHEREAS, the City's Future Land Use Map designation of Medium
Density Residential 5-12 units/acre is consistent with the county FLUM
designation of HR-8 (High Density Residential - 8 units/acre) for the
property hereinafter described; and
WHEREAS, the City' s FLUM designations as initially contained on
the City's Future Land Use Map adopted in November, 1989, and as
subsequently amended, are deemed to be advisory only until an official Land
Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of
this proceeding, and provisions of Land Development Regulations Chapter Two
have been followed in establishing the proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2 (6), the Planning and Zoning
Board held a public hearing and considered the subject matter at its meeting
of August 19, 1996, and voted unanimously to recommend that the request be
approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach,
Palm Beach County, Florida, hereby annexes to said City the following
described land located in Palm Beach County, Florida, which lies contiguous
to said City to-wit:
The East Half (E 1/2) of the Northeast Q~arter (NE 1/4)
of the Northeast Quarter (NE 1/4) of the Northeast
~3arter (NE 1/4) of Section 23, Township 46 South, Range
42 East, Palm Beach county, Florida, LESS the
right-of-way for Military Trail (State Road 809) and
less the 66 foot area claimed by Lake Worth Drainage
District per Court Decision BY 1915 (Chancery Case No.
407).
The subject property is located on the w~st side of
Military Trail, approximately 1,400 feet south of
Atlantic Avenue; containing 3.76 acres, more or less.
Section 2. That the bouoS~ries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described tract
of land and said land is hereby declared to be within the corporate limits
of the City of Delray Beach, Florida.
Section 3. That the land hereinabove described shall immediately
become subject to all of the franchises, privileges, immunities, debts,
obligations, liabilities, ordinances and laws to which lands in the City of
Delray Beach are now or may be subjected, incl,,~ng the Stormwmter
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.
- 2 - Ord. No. 35-96
Section 4. That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be deemed
acceptance by the City of any maintenance responsibility for such roads,
alleys, or the like, unless otherwise specifically initiated by the City
pursuant to current requirements and conditions.
Section 5. That the Future Land Use Map designation of the
subject property is hereby officially affixed as Medium Density Residential
5-12 units/acre.
Section 6. That the City of Delray Beach elects to make this
small scale amendment by having only an adoption hearing, pursuant to
Florida Statutes Section 163.3187(1) (c) (4).
Section 7. That Chapter Two of the Land Development Regulations
has been followed in the establishment of a zoning classification in this
ordinance and the tract of land hereioshove described is hereby declared to
be in Zoning District BM-8 (Medium Density Residential - 8 units/acre) as
defined by existing ordinances of the-City of Delray Beach.
Section 8. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 9. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence or word be declared by a
court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 10. That this ordinance shall become effective as
follows: As to annexation, immediately upon passage on second and final
reading; as to land use and zoning, thirty-one (31) days after adoption,
unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of the land use plan amendment and zoning
shall be the date a final order is issued by the Department of Cc~munity
Affa~ rs, 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 fins] order of noncompliance is issued
by the Administration Ccem~ssion, this amendment may nevertheless be made
effective by adoption of a resolution affirming its effective status, a copy
of which resolution shall be sent to the Department of Community Affairs,
Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida
32399-2100.
- 3 - Ozd. No. 35-96
PASSED AND ADOPTED in regular session on second and final reading
on this the 17th day of September , 1996.
A~fEST:
- - City-Cl~rk
First Reading Septe~.]ber 3, 199 6
Second Reading September 17 ~ 1996
ii - 4 - Ord. No. 35-96
D£LRA Y OF ALLIANCE [ PUBLIX
EXECUTIVE INDOOR OELRA Y CHURCH
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AVENUE
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N ANNEXATION
~ CARUSILLO & EVANS PROPERTY
PLANNINC OEPAR~dEN ~'
CITY OF OELRAY BE&CH. FL CI1Y LIMITS gllaaallmll~ll~llll
Return to: (enclose self-addressed stamped envelope)
Name
Address:
0CT-07-I996 2:07Pm ~--350924
ORB g473 P~ ~512
liliiIi iiiIIiIlIilIIiI
Properly Appraisers Parcel Identifica[i;n (Folio) Number(s):
[lTV OF DELHI:IV EI [H
,DELRAY BEACH
IIItII 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity
1993
CERTIFICATION
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached
document is a true and correct copy of Ordinance No. 35-96,
annexing certain property to the City of Delray Beach, as the
same was passed and adopted on second and final reading by the
City Commission of the City of Delray Beach, Florida, in regular
session on September 17, 1996
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
23rd day of September, 1996
,,~ '.':,"~:~-~'?~."~'/~', '. City Clerk
.,..~"~'.~;.:'~. '~.t~.",?V,'.' ~", .'. City of Delray Beach
THE EFFORT ALWAYS MATTERS
ORB
C~~ I~. $5-96
AN (~DINANCE (F THE CITY (X~g[ISSI(~ OF ~ CI~
~ ~, ~~, ~~ ~ ~ CI~ ~ D~Y
~, A P~ ~ ~ ~~ ~ ~ ~T SIDE
~~ ~L, ~~~Y 1,400 ~ ~
~CA~, ~ ~ P~~Y D~~ ~IN,
~ ~ ISleS ~ ~~ ~CIP~ ~;
~~ ~ ~~ ~ ~ CI~ ~ I~E ~D
~~~ P~; ~.~ ~ P~ ~~ SI~
(~I~ D~I~ ~ID~ - 8 ~/A~); P~DI~ A
~ ~.~ ~USE, A ~ ~USE, ~
~, ~s J. ~sillo ~ ~old R. ~s ~ ~e fee-s~p~.e
~ of a 3.76 ac~ ~c~t ~cel of 1~ l~at~ on ~e ~st side ~f
~li~a~ ~1, a~o~tely ~,400 feet sou~ of A~tic Avenue;
au~iz~ a~t for ~e fee-s~ple ~s herei~ve ~, ~s ~est~d
~ci~ 1~ of ~e City of ~ay ~ch; ~
~, ~e ~ject ~~y herei~ft~ descried is conti~o%~s
to ~ c~rate l~ts of ~e Ci~ of ~ay ~ch, Fl~i~; ~
~, ~e Ci~ of ~ay ~ach ~s heretofore ~en au~oriz~
~ ~ ~ ~ acc~%ce ~ ~cti~ ~7~.044 of ~he F!cri~ Statute~
~, ~e ~ject ~~ he~fter descr~ is ~sent]
~ ~ J~i~c~on of P~ ~ch ~, Flori~, ~v~g a ~ ~e
~, ~e ~viso~ ~ ~ Use ~p (~) desi~tion fc
~, ~e Ci~'s ~t~ ~ Use ~p desi~tion of ~u~
~i~ ~sid~ 5-12 ~ts/acre is consist~t ~ ~e ~ FLU~
~si~~ of ~-8 (~gh ~nsity ~sidenti~ -8 ~ts/acre) f~
~~ ~~t~ ~escr~; ~
ORal 947:3 P~ ~13;t4
WHEREAS, the City's FLUM designations as initially contained on
the City's Future Land Use Map adopted in November, 1989, and as
subsequently amended, are deemed to be advisory cm/y until an official Land
Use a~ndm~t ts processed; and
~{EREAS, the designation of a zoning classification is part of
this proceeding, and provisions of rand Develolmaent Regulations Chapter Two
have been followed in est_~bltsh/ng the proposed zoning designation; and
WHEREkAS 0 .~ursuant tm IDR Seetinn 2.2.2 (.~): the Planning. ~nd Zoning
........ .._ ~.~.~, =,¢ ~je~ aatuer a= its meeting
of August 19, ~996, and voted unanimously to recommend that the request be
approved.
NOW, THEREFORE, BE IT ORDAINED BY'THE CITY COMMISSIC~ OF THE CITY
Section I. That the City Ommaission of the City of Delray Beach,
Palm l~ach County, Florida, hereby annexes to said City the following
described land located in Palm Beach County, Florida, which lies contiguous
The East Half (E 1/2) of the Northeast O~arter (NE 1/4)
of the Northeast Quarter (NE 1/4) of the Northeast
Quarter (NE 1/4) of Section 23, Township 46 South, Range
42 East, Palm Beach County, Florida, LESS the
right-of-way for Military Trail (State Road 809) and
less the 66 foot area claimed by Lake Worth Drainage
District per Court Decision BY 1915 (Chancery Case No.
~07).
The subject property is located on the west side of
!' ~.litary Trail, a.Dproxi~.tel.~" 1,400 ~e~k ~outh of
Sect/on 2. That the boum~ies of the City of Delray Beach,
Florida, are b~reby redefined to include therein the above-described tract
of land and said land is hereby declared to be within the corporate limits
of t. he City of Delray Beach, Florida.
Section 3. ~at the land hereinabove described shall immecliately
become subject to all of the franch/ses, privileges, immunities, debts,
obligations, liabilities, ord/nances 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
recp~dred by Florida Statutes Chapter 197, and persons residing thereon shall
be deemed citizens of the City of Delray Beach, Florida.
- 2 - Ord. No. 35-96
Sect/on 4. That this annexation of the subject l=o~e~cy,
/nelu~/ng ~ajacent roads, alleys, or the like, if any, shall not be deemed
aooept~ee~ by the City of any ~ntenance responsibility for such roads,
alleys, or the . 1/kc, unless otherwise s~ecifically initiated by the City
pursuant ~o. ~t re~,~-mants ar~ conditions.
Section 5. That the FUture ?~nd Use Hap designation of the
~ub~eet property is hereby, officially affike~ as Medium Density Residential
5-12 .un/ts/acre.
~ ~ectlon 6. -i~at -the City o~. Delray Beach elects to make th/s
s~l! scale ame~]ment by having only an a~option hearing, pursuant to
Flogi~a Statutes Section 163.3187(1) (c) (4).
Sect/on 7. ~at Chapter Two of the Lar~ Develo~ent Regulations
has been follo~e~ in the establishment of a zoning classification in
ord/nance ar~ the tract of lan~ hereinabove deseribe~ is hereby declare~ to
be in Zoning District RM-8 (Medium Density Residential - 8 ur~ts/acre) as
~efiue~ by existing or~%nances of the* City of Delray Beach.
Section 8. That all orclinances or parts of ordinances in conflict
herew/th be, an~ the same are hereby repeale~.
Section 9. That shou/d any section or l~rovision of this ordinance
or ~ porte/on thereof, any paragraph, sentence or wor~ 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 parc thereof other
than the ~t declare~ to be invalid.
Section 10. That this ordinance shall beene effective as
folio~s: A~ ~o annexation, imme~ia=ely upon passage on secon~ and final
read/ng; as to lan~ use ~ zoning, t~hirty-one (31) ~ays after adoption,
unless the amendment is c~h%!!~.ge~ ~=su~.~ ~o Section 163.31~7(3)~ F.S. If
c.~.~, the ~ff~ct/ve ~ate of the lan~ use plan amendment an~ zoning
shal/ be the ~ate a final or, er is tssue~ by the Department of C~-m-~unlty
Aff~t~s, or the J~lminis~tion Cc~mission, fir~ng the amenclment in
~ w/th Section 163.3184, F.S. No develo~a~ent orders, ~evelo~a~ent
l~rm/ts, or lan~ uses dependent on th/s amendment may be issue~ or oc~mence
befc=~ it has beccne effective. If a fiji or,er of noncompliance is issued
by the lb]min/stration Cc~mission, this amenc~ent may nevertheless be made
effective by a~o~c~on of a resolution affirming its effective status, a copy
of ~lich resolut/on shall be sent to the Department of Commun/ty Affairs,
Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida
32399-2100.
- 3 - Ord. No. 35-96
PASSED AND ADOPTED in regular session on second and final read/ng
~3 _~ l~e 17th day of September , 1996.
· ' ', - I~.~ . ~1 ~
· '/')! ' ,/3'~ ~, ~/ ....... 'z~ ~_J---- - '
Pirs~ l~_~n~ .. Septe-,%ber 3t 1996
~ec~a~ i~a_~ng ~ep~e~er 17 ~ 1996
- 4 - Ord. No. 35-96
ORB 9473 P~ '1~.7
· '. III DOROTHY H. WiLKEN, CLERK PB COUNTY, FL
uaR~r ~---~~ C~EAr
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ANNEXATION
CARUSILLO & EVANS PROPERTY
DIVISIONS OF FLORIDA DEPARTMENT OF STATE ~~4~'~ HISTORIC PRESERVATION BOARDS
Office of the Sccrclary ~ Historic Florida Keys ~ese~ation Board
Diddm~ of Adminis{rati~ c Services Historic Palm Beach County P~se~ation BoaM
l)i~ i~ion of l.ihrary and Infimnation Sca'ices Historic Tamp~Hills~rough Count~
I)ix i~ion of I.icen~in~ ~se~atlon Boar~
MEMSER OF r.E fLORIdA CAmSET FLO~DA DEP~TME~ OF S~TE ~NGLING MUSEUM OF ART
S~a B. Mor~
Se~ of State
DIVISION OF ELECTIONS
October 2, 1996
Ms. Alison MacGregor Harty
City Clerk
City of Delray Beach
100 Northwest 1st Avenue
Delray Beach, Florida 33444
Dear Ms. Harry:
This will acknowledge your letter of September 23, 1996 and certified copy of Ordinance
No. 35-96 annexing lands into the City of Delray Beach, which was filed in this office on
October 2, 1996.
Sincerely,
LiefQ-Q~t'~
Bureau of Administrative Code
LC/mw
REc iV i5-
I lqlqg
CITY CLERK
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building · 401 South Monroe Street · Tallahassee, Florida 32399-0250 ° (904) 488-8427
FAX:(904)488~7868 ° WWWAddress http://www.dos.state.fl.us · E-Mail: election@mail.dos.state.fl.us
DISTRIBUTION LIST:
Linda Turnage, Budget Administrator
Susan Ruby, City Attorney
Alison MacGregor-Harry, City Clerk
Lula Butler, Director of Community Improvement
Jerry Sanzone, Chief Building Official
,Joyce Desormeau, Signs & License Administrator
Nancy Davila, City Horticulturist
Sandy Roberts, Office Computer Specialist
George Diaz, Deputy Building Official
Richard Bauer, Code Enforcement Administrator
Dorothy Ellington, Community Development Coordinator
Bill Greenwood, Director of Environmental Services
Dan Beatty, City Engineer
Dick Hasko, Deputy Director for Public Works
Scott Solomon, Acting Deputy Director for Public Works
Joseph Safford, Finance Director
Becky O'Conner, Treasurer
Robert Rehr, Fire Chief
Mike Cato, Fire Safety Division Chief
Joe Weldon, Director of Parks 8, Recreation
Richard Overman, Police Chief
Barbara Schooler, Utility Billing Manager
,Tina Lunsford, Police Dispatch
[lTV OF DELRI:IV BEII[H
p~,L.oAY'
~ 100 N~W, 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity
1993 PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DISTRIBUTION LIST
FROM: JEFF COSTELLO, SENIOR PLANNER
SUBJECT: CARUSILLO & EVANS ANNEXATION
DATE: SEPTEMBER 20, 1996
At its meeting of September 17, 1996, the City Commission approved on second
and final reading an ordinance annexing a 3.76 acre property known as the
Carusillo and Evans property. The attached map shows the location of the
property which is now within municipal boundaries, and under municipal
jurisdiction. Attached for your information is the annexation brief for the subject
property. If you have any questions, do not hesitate to contact me at ext. 7046.
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
DELRA Y OF ALLIANCE
EXECUTIVE INDOOR DELRA Y CHURCH
SQUARE FLEA
~STERN i u~,o~
AVENUE
WEST A T L A N T
BANK BANK
DELRA
BABY WEST
SUPERS TORE PLAZA SCO TTYS
PLAZA
UNCOLN ROAD
CANAL L--34.
ESTATES DRIVE
WAS.,.o~o. ROAD T H
IdAOISON ROAD
LAKE BOULEVARD ..-J
ROAO
N ANNEXATION
CARUSILLO & EVANS PROPERTY
PLANNING DEPARll~IEN T
CiTY O[:' DELRAY BEACH. FL CITY LIMITS MIl~llmlll~lll~llffi
ANNEXATION BRIEF FOR THE CARUSILLO & EVANS PROPERTY
Property Control Number; 00-42-46-23-00-000-1010
Acreage: 3.76 Acres
Number of
Buildings
Taxable Value: On-Site:
$72,420.00 0
Pro.iected Population Increase: -0-
Owner's Address: Property_ Address:
Louis J. Carrusillo & Harold R. Evans, Trustees No address (Vacant land)
4331 Westover Place N.W.
Washington, D.C. 20016
County Land Use De~,ignation: HR-8 (High Density Residential- 8 du/ac)
City Land Use Designation: Medium Density Residential (5-12 du/ac)
City Zoning Designation: RM-8 (Medium Density Residential - 8 du/ac)
Current Use of Property_: Vacant land.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/
SUBJECT: AGENDA ITEM ~IO'~ - REG~ MEETING OF SEPTEMBER 17, 1996
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 35-96
(ANNEXATION~ INITIAL ZONING AND SMALL SCALE FUTURE LAND USE MAP
AMENDMENT/CARUSILLO AND EVANS PROPERTY)
DATE: SEPTEMBER 13, 1996
This is second reading a~t a quasi-judicial public hearing for Ordinance
No. 35-96 which annexes a 3.76 acre parcel of land located on the west side
of Military Trail, approximately 1,400 feet south of Atlantic Avenue. The
property is vacant and is bounded on the south and west by the Country Club
Acres single family subdivision. The ordinance establishes initial zoning
of RM-8 (Medium Density Residential - 8 units/acre), and also provides for
a small scale land use plan amendment to change from the County's
designation of HR-8 (High Density Residential - 8 units/acre) to an
official City designation of Medium Density Residential 5-12 units/acre.
In July of 1995, the City Commission denied a voluntary annexation request
with initial zoning of POC (Planned Office Center) as well as a Future Land
Use Map amendment from County HR-8 to City Transitional. The denial was
based upon the inappropriateness of the POC zoning adjacent to the single
family subdivision and the potential impacts on the residences. The
applicant sulmtitted the current request in July, 1996. Please refer to the
staff report for further analysis.
The Planning and Zoning Board considered this matter at public hearing on
August 19, 1996, and voted unanimously to recommend that the request be
approved, based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Develol~nent Regulations, policies of
the Comprehensive Plan, and LDR Section 2.4.5(D)(5). At first reading on
September 3rd, the Commission passed the ordinance by a 4 to 0 vote.
Recommend approval of Ordinance No. 35-96 on second and final reading,
based upon the findings and recommendation by the Planning and Zoning
Board.
ref: agmemo9
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
FIRST READING FOR ORDINANCE NO. 35-96 (ANNEXATION~ INITIAL ZONING
AND SMALl. SCALE FUTURE LAND USE MAP AMENDMENT/CARUSILLO AND EVANS
PROPERTY
DATE: AUGUST 28, 1996
This is first reading for Ordinance No. 35-96 which annexes a 4.18 acre
parcel of land located on the w~st side of Military Trail, approximately
1,400 feet south of Atlantic Avenue. The property is vacant and is bounded
on the south and w~st by the Country Club Acres single family sutxlivision.
The ordinance establishes initial zoning of RM-8 (Medium Density
Residential - 8 units/acre), and also provides for a small scale land use
plan amendment to change from the County's designation of HR-8 (High
Density Residential - 8 units/acre) to an official City designation of
Medium Density Residential 5-12 units/acre.
In July of 1995, the City Commission denied a voluntary annexation request
with initial zoning of POC (Planned Office Center) as well as a Future Land
Use Map amendment from County HR-8 to City Transitional. The denial was
based upon the inappropriateness of the POC zoning adjacent to the single
family subdivision and the potential impacts on the residences. The
applicant submitted the current request in July, 1996. Please refer to the
staff report for further analysis.
The Planning and Zoning Board considered this matter at public hearing on
August 19, 1996, and voted unanimously to recoFmend that the request be
approved, based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
Recommend approval of Ordinance No. 35-96 on first reading, based upon the
findings and recommendation by the Planning and Zoning Board. If passed, a
quasi-judicial hearing will be scheduled for September 17, 1996.
ref: agmemo9
TO: DAVID T. HARDEN,_ CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR
AND ZONING
FROM: -J/EoF~/I~EY A. COSTELLO
~SENIOR PLANNER
SUBJECT: MEETING OF SEPTEMBER 3, 1996
ANNEXATION, SMALL-SCALE FUTURE LAND USE MAP
AMENDMENT FROM COUNTY HR-8 {HIGH DENSITY
RESIDENTIAL - 8 DU/AC) TO CITY MEDIUM DENSITY
RESIDENTIAL 5-12 UNITS PER ACRE. AND INITIAL ZONING
OF RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 UNITS PER
ACRE) FOR A PARCEL OF LAND LOCATED ON THE WEST
SIDE OF MILITARY TRAIL. APPROXIMATELY 1.400 FEET
SOUTH OF ATLANTIC AVENUE {CARUSILLO AND EVANS
PROPERTY).
The action requested of the City Commission is that of ap.Droval on
first reading of an ordinance annexing a 4.18 acre parcel of land,
changing the Future Land Use Map designation from County HR-8
to City Medium Density Residential 5-12 units per acre, and
applying an initial zoning designation of RM-8 (Medium Density
Residential - 8 units per acre).
The subject property is located on the west side of Military Trail,
approximately 1,400 feet south of Atlantic Avenue.
The subject property is currently located in unincorporated Palm Beach County
and has an AR (Agricultural Residential) zone designation. The property is also
located within the City's Planning Area (Future Annexation Area) and is seeking
voluntary annexation at this time. The property is vacant with the exception of a
billboard located at the southeast corner of the parcel.
City Commission Documentation
Meeting of September 3, 1996
Annexation, Small-Scale FLUM Amendment with initial zoning of RM-8
Page 2
On July 11,1995, the City Commission denied a voluntary annexation request for
the subject property with initial zoning of POC (Planned Office Center) as well as
the Future Land Use Map amendment from County HR-8 (High Density
Residential - 8 du/ac) to City Transitional. The denial was based upon the
inappropriateness of the POC zoning adjacent to the single family subdivision to
the south and west (Country Club Acres), and the potential impacts on the
residences.
The subject property is a 4.18 acre vacant parcel having a County Future Land
Use Map designation of HR-8 (High Density Residential o 8 units per acre) and
County zoning of AR (Agricultural Residential). The proposal is to annex the
property into the City, change the Future Land Use Map designation to City
Medium Density Residential 5-12 units per acre, and apply an initial zoning
designation of RM-8 (Medium Density Residential - 8 units per acre). Additional
background and an analysis of the request is found in the attached Planning and
Zoning Board Staff Report.
At its meeting of August 19, 1996, the Planning and Zoning Board held a public
hearing in conjunction with review of the requests. A resident of the Country
Club Acres subdivision offered testimony opposing the annexation, land use map
amendment and initial zoning, as a site plan did not accompany the requests
indicating how the site is going to be developed. There was another resident of
Country Club Acres subdivision that inquired as to the development regulations
and utility requirements. After reviewing the staff report and discussing the
proposal, the Board voted 7-0 to recommend that the requests be approved,
based upon positive findings with respect to Chapter 3 (Performance Standards)
of the Land Development Regulations, policies of the Comprehensive Plan, and
LDR Sections 2.4.5(D)(5).
By motion, approve on first reading the ordinance for Annexation, the FLUM
amendment from County HR-8 to City Medium Density Residential 5-12 units per
acre, and applying an initial zoning designation of RM-8 (Medium Density
Residential - 8 units per acre), based upon the findings and recommendation by
the Planning and Zoning Board, and setting a public hearing date of September
17, 1996.
Attachments:
El P & Z Staff Report and Documentation of August 19, 1996
[] Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: August 19, 1996
AGENDA ITEM: v,c.
ITEM: Future Land Use Map Amendment from County HR-8 (High Density
Residential- 8 units/acre) to City Medium De. ns.!ty Residential 5-12
units/acre, and Annexation with Initial Zoning of RM-8 (Medium Density
Residential - 8 units/acre) for the Carusillo and Evans property, Located
on the West Side of Military Trail, Approximately 1,400 Feet South of
Atlantic Avenue.
' '1 I A~uA~c~
GENERAL DATA:
Owner/Applicant ......................... Louis Carusillo & Harold Evans
Agent .......................................... Michael Covelli
Location .... West side of Military Trail, e~er .
.................................
approximately 1400 ft. south of
Atlantic Avenue.
,ze .............................. ^c e.
Existing County Future Land
ProposedUSe Map DesignatiOnci~ Future Land ................ Use units/acre)HR'8 (High Density Residential - 8
Map Designation ......................... Medium Densi~ Residential
5-12 units/acre
Existing County Zoning ............... AR (Agricultural Residential)
Proposed City Zoning ................. RM-8 (Medium Density Residential
- 8 units/acre)
Adjacent Zoning ................ Nodh: County AR
East: City R-1-A (Single Family
Residential)
South: Coun~ RS (Single Family
Residential)
West: County RS
Existing Land Use ...................... Vaunt land with a billboard on the
southeast podion of the pmpe~y.
Proposed Land Use .................... Annexation wi~ initial zoning of
RM-8 to obtain City so.ices for a
multiple family development.
Water So.ice ............................. Available via connection to an
existing 12" water main along ~e
east side of Milita~ Trail.
Sewer So.ice ............................ Available via installation of a lift
station and connection to a 4" force
main along the west side of Milita~
Trail.
V.C.
The item before the Board is that of making a recommendation on
a Voluntary Annexation (pursuant to Florida Statute 171.044), and
a Small-Scale Future Land Use Map amendment from County HR-
8 (High Density Residential - 8 units per acre) to-Oity Medium
Density Residential 5-12 du/ac with initial zoning of RM-8 (Medium
Density Residential - 8 du/ac).
LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures
for the processing of this petition.
The subject property is located on the west side of Military Trail,
approximately 1,400 feet south of Atlantic Avenue.
...... ... ......... ..... .., ~...,:......... .:..,...:. ,:.:,:.:.:, . ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
The subject property is currently located in unincorporated Palm Beach County
and has an AR (Agricultural Residential) zone designation. The property is also
located within the City's Planning Area (Future Annexation Area) and is seeking
voluntary annexation at this time. The property is vacant with the exception of a
billboard located at the southeast corner of the parcel. No land use history is
available on this property.
On July 11,1995, the City Commission denied a voluntary annexation request
with initial zoning of POC (Planned Office Center) as well as the Future Land
Use Map amendment from County HR-8 (High Density Residential - 8 du/ac) to
City Transitional. The denial was based upon the inappropriateness of the POC
zoning adjacent to the single family subdivision to the south and west (Country
Club Acres), and the potential impacts on the residences.
On July 3, 1996, requests for Annexation, Future Land Use Map Amendment
and Initial Zoning were submitted to accommodate the RM-8 (Medium Density
Residential - 8 du/ac) zoning designation, and are now before the Board for
action.
The subject property is a 4.18 acre vacant parcel having a County Future Land
Use Map designation of HR-8 (High Density Residential - 8 units per acre) and
County zoning of AR (Agricultural Residential). The proposal is to annex the
property into the City, change the Future Land Use Map designation to City
Medium Density Residential 5-12 du/ac, and apply an initial zoning designation
of RM-8 (Medium Density Residential - 8 du/ac).
Planning and Zoning Board Staff report
Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future
Land Use Map Amendment
Page 2
Current Land Use Designations: The current County land use map
designation for the property is County HR-8 (High Density Residential - 8 du/ac).
The current City "advisory" designation for this property is Transitional.
Re~_uested Land Use Designation: The requested Future Land Use Map
change is to City Medium Density Residential 5-12 du/aco
Florida Statutes 163.3187 -Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small Scale
Development pursuant to Florida Statues 163.3187. This statute states that any
local government comprehensive land use amendments directly related to
proposed small scale development activities may be approved without regard to
statutory limits on the frequency of consideration of amendments (twice a year),
subject to the following conditions:
El The amendment does not exceed either 10 acres of nonresidential land,
singularly or in combination with residential use, or 10 acres of residential
land with a density of 10 units per acre or less; -
ElThe cumulative effect of the amendments processed under this section shall
not exceed 60 acres annually; and,
El The proposed amendment does not involve the same property owner's
property within a 200 feet of property granted a change within a period of 12
months.
The land use map amendment involves a 4.18 acre area, thus the total area is
less than the 10 acre maximum. The proposed amendment to Medium Density
Residential 5-12 du/ac (MDR) is being processed concurrently with a request for
annexation and initial zoning of RM-8 (Medium Density Residential - 8 du/ac) to
accommodate a multiple family development. The MDR land use designation
allows consistent zoning districts which include single family and multiple family
development.
This amendment along with other small scale amendments processed this year ~:'~ .....
will not exceed 60 acres. This property has not previously been considered for a
land use amendment nor have any of the same property owner's properties been
granted a land use change within 200 feet or within the last year.
Planning and Zoning Board Staff report
Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future
Land Use Map Amendment
Page 3
Land Use Analysis:
Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use
Map), all land uses and resulting structures must be allowed in the zoning distdct
within which the land is situated and, said zoning must b~ (~onsistent with the
land use designation as shown on the Future Land Use Map.
The accompanying annexation and initial zoning application is seeking a RM-8
(Medium Density Residential- 8 du/ac) zoning district. The proposed use
(multiple family development) is allowed as a permitted use within the RM-8
zoning district. The Medium Density Residential 5-12 du/ac land use designation
is consistent with the proposed RM-8 zoning designation.
Consistency between the City_ and County_ Land Use Designations:
The proposed City Future Land Use Map designation for the property is Medium
Density Residential 5-12 du/ac. The existing County Future Land Use Map
designation for the property is HR-8 (High Density Residential - 8 units per acre).
The City's MDR land use designation is consistent with the County's HR-8
designation in that Medium Density Residential zoning is allowed. The current
"advisory" Transitional designation allows multiple family development as well as
office and limited commercial development. The City's FLUM designations as
initially contained on the City's Future Land Use Map adopted in November,
1989, (and as formally amended subsequently) are deemed to be advisory until
an official Future Land Use Map Amendment is processed. As the property was
denied annexation in 1995, due to the proposed office zoning (POC), and to
ensure residential development, the MDR land use designation is being sought.
Adjacent Land Use Mag Designations, Zoning Designations & Land Uses:
North: North of the subject property, across the L-34 Canal, has a Palm Beach
County land use designation of HR-8 (with an advisory City land use designation
of Transitional) and is zoned AR (Agricultural Residential). The property is
currently vacant and contains a billboard.
South and West: The abutting properties to the south and west have a Palm
Beach County land use designation of MR-5 (Medium Density Residential - 5
du/ac) (with an advisory City designation of Low Density Residential - 0-5 du/ac),
and are zoned RS (Single Family Residential). The existing land use is a single
family subdivision known as County Club Acres.
East: East of the property, across Military Trail has a City Low Density
Residential 0-5 du/ac land use designation and is zoned R-1-A (Single Family
Residential). The existing use of the property is a planned residential
development known as The Hamlet, a country club community.
Planning and Zoning Board Staff report
Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future
Land Use Map Amendment
Page 4
Allowable Land Uses:
Under the Proposed Medium Density Residential 5-12 du/ac designation,
residential zoning districts which accommodate single family and multiple family
units (R-1-A thru R-l-AAA, RL, PRD, and RM) are allowed'. The applicant has
requested an initial zoning designation of RM-8 (Medium Density Residential - 8
du/ac). This zoning designation is consistent with the proposed land use
designation.
Land Use Compatibility_:
As described in the Future Land Use Element of the Comprehensive Plan, the
proposed Medium Density Residential 5-12 du/ac land use designation is applied
to land which is usually developed in planned communities or exists in older
areas where there are duplexes and condominiums. Homeownership is
characteristic of this designation. Where Medium Density Residential exists,
uses other than those which are residential in character shall not be considered.
Compatibility with the abutting residential development (Country Club Acres) is
not a major concern, however, there are sufficient regulations in place which will
mitigate any potential adverse impacts. With respect to the Hamlet development
east of Military Trail, there is a substantial landscape buffer with a chain link
fence along the west boundary of the Hamlet development (east side of Military
Trail) with a street internal to The Hamlet adjacent to the landscape buffer.
Further, the development will be separated by a six lane divided roadway upon
the widening of Military Trail (scheduled 1996/97). Under the County designation
of 8 units per acre, the resulting development would be Iow density multi-family
development.
Florida Statutes Governing Voluntary_ Annexations:
Pursuant to Florida Statute 171,044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and
reasonably compact may petition the governing body of said municipality that
said property be annexed to the municipality". Pursuant to F.S. 171.044 (5)
"land shall not be annexed through voluntary annexation when such annexation
results in the creation of enclaves".
E] The property is contiguous with the City, reasonably compact, and its
annexation will not create an enclave.
Planning and Zoning Board Staff report
Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future
Land Use Map Amendment
Page 5
Land Development Regulations Governing Annexations:
Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner
of land may seek the annexation of contiguous property, .under his ownership"
pursuant to Florida Statutes. The property owner has voluntarily petitioned for
this annexation.
CONSISTENCY WITH THE CITY, S COMPREHENSIVE PLAN:
Designated Annexation Area: The territory to be annexed is located within
"designated annexation area No. 5" on the west side of Military Trail south of
Atlantic Avenue. Annexation of the territory is consistent with Future Land Use
Element Policy B-3.4, which calls for annexation of eligible properties through
voluntary annexations as the opportunities arise.
Provision of ServiCe~; When annexation of property occurs, services are to be
provided in a manner which is consistent with services provided to other similar
properties already in the City (Future Land Use Policy B-3.1). The following is a
discussion of required services and the manner in which they will be provided.
Police: This property is currently serviced by the Palm Beach County Sheriff's
Office, located at 345 South Congress, which serves the South County.area.
The property lies within Sheriff patrol zone 7. Zone 7 is bordered by Jog Road
on the west, the Delray Beach City Limits 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
and south of the property.
Fire and Emergency Services: The annexation of this property will not require
additional manpower. The municipal area is served by Fire Station No. 4
(Barwick & Lake Ida Roads).
VVith annexation, the property will receive an improvement in response time from
the current 5.5 minutes of the County's Fire Department (Fire Station #,42/Hagen
Ranch Road near the Turnpike) to approximately 2.5 minutes for the City's Fire
Department (Fire Station ~ at Barwick and Lake Ida Roads).
Water: Municipal water service is available via connection to an existing 12"
water main located along the east side of Military Trail. It is recommended this
Planning and Zoning Board Staff report
Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future
Land Use Map Amendment
Page 6
improvement across Military Trail be coordinated with the widening of Military
Trail in fiscal year 1996/97. With future development of this property, main
extensions (minimum 8") to the west and south property lines will also be
required in order to provide continuation of service and futu[e connections to the
Country Club Acres residences. Along the new main, fire hydrants must be
installed with a maximum spacing of 300 feet if 3-story multi-family structures are
provided, and 400 feet for multi-family structures up to 2-stories. Also, looping of
the main internal to the site for system integrity will be required. Pursuant to the
Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant for the City at build-out.
Sewer: Sewer service is available adjacent to the site via an existing 4" force
main along the west side of Military Trail. With future development, the
installation of a lift station and sewer main extensions to the west property line
will be required. The lift station must be designed to accommodate the proposed
multiple family development as well as the existing Country Club Acres
subdivision which is currently served by septic systems. The City will participate
in the increased cost associated with sizing the lift station to accommodate future
flows. Pursuant to the Comprehensive Plan, treatment capacity is available at
the South Central County Waste Water Treatment Plant for the City at build-out.
Streets: This property has direct access to Military Trail, which is under the
jurisdiction of Palm Beach County. The jurisdictional responsibility and the
associated maintenance responsibility will not change upon annexation.
A traffic study was submitted based upon the maximum development potential
allowed under the proposed Medium Density Residential of 12 units per acre (50
multiple family dwelling units) generating a total of 350 average daily trips.
This is a "worst case" scenario, as the intended proposed development is an 8-
unit per acre multiple family development which would allow 33 units or 231
vehicle trips. It is noted that Military Trail between Atlantic Avenue and Clint
Moore Road is operating at a level of service "E". At the end of 1995, this
roadway failed level of service "D". Thus, no additional development can occur
until Military Trail is widened from 4 lanes to 6 lanes which is scheduled for fiscal
year 1996/97.
Parks and Open Space: The proposed RM-8 zoning distdct will allow a
maximum development potential of 33 units. These units will not have a
significant impact with respect to level of service standards for parks and
recreation facilities. The impacts of the potential residents were factored into the
park demands calculated on build-out projections. Further, 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. With future residential development, a parks and
Planning and Zoning Board Staff report
Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future
Land Use Map Amendment
Page 7
recreation impact fee of $500 per unit will be assessed at the time of building
permit.
Solid Waste: As there is no change in actual land use at t.his..time, there will be
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 1995 tax year the subject property had an assessed value of $72,420.
With the change from County to City jurisdiction, the following taxes and rates
will be affected:
Ad Valorem Taxes Milla(]e With Annexation
Fire/Rescue MSTU 2.5539 Deleted (County)
Library .4437 Deleted (County)
City Of Delray Beach 6.8800 Added (City)
City of Delray Beach Debt 1.0700 Added (City)
4.9524 Difference*
* Total tax millage in the County is 20.1501 mills while in the City the total
millage rate is 25.1020 mills.
The current yearly ad valorem taxes are $1,452.30. With annexation the yearly
ad valorem taxes will be $1,810.68; a tax difference of $ 358.65. 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.. A 25%
discount from the assessment is available as the site is within the Lake Worth
Drainage District and an additional 25% discount may be available if drainage is
retained on site. As the property is currently vacant, this assessment is not
imposed. With future development, the storm water utility tax will be assessed.
Solid Waste Authority - The Military Trail annexation areas are currently
serviced by BFI (Browning-Ferris Industries). The City is currently contracted
with Waste Management, Inc. which will terminate on September 30, 1996. The
new waste service provider will be BFI (Browning-Ferris Industries). Thus, when
the City's current contract expires, the waste provider for this property will be the
current County provider. The out-of-City/in-City rates are anticipated to be
competitive.
Planning and Zoning Board Staff report
Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future
Land Use Map Amendment
Page 8
Occupational License Fees - As the property is residential in nature, an
occupational license will not be required. Thus, there will be no change in
occupation license fees.
Resulting Impacts to Property Owner:
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES +$ 358.65
(Change from 94~95 county of 20.1501
to City 94/95 rate 25.1020 mi!Is.(4.9524
NON AD VALOREM
Stormwater Assessment $ .00
Solid Waste Collection $ .00
WATER & SEWER UTILITY FEES $ .00
OCCUPATIONAL LICENSE FEES $ .00
ANNUAL FINANCIAL IMPACT: +$ 358.65
* NA - Data not available
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time from (estimated time)
5.5 minutes (County) to 2.5 minutes (City)
EMS + Faster response time from (estimated time)
5.5 minutes (County) to 2.5 minutes (City)
POLICE + Better response based upon more officers
in field.
CODE ENFORCEMENT + Pro-active vs reactive opportunity to work
with property owners
Planning and Zoning Board Staff report
Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future
Land Use Map Amendment
Page 9
Fiscal Impacts to the City_: At the 1996 City operating millage rate of 6.88 mills
and debt rate of 1.07 mills, the property will generate approximately $ 575.74 in
new ad valorem taxes per year. With the future multiple family development,
additional revenues will be realized through increased, assessment value,
building permit fees, the annual collection of the stormwater assessment fee as
well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric,
telephone, and cable.
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The proposed City zoning designation is RM-8 (Medium Density Residential - 8
du/ac) while the current County zoning designation is AR (Agricultural
Residential).
The surrounding zoning designations are: County AR to the north; County RS
(,Single Family Residential) to the south and west; and, City R-1-A (Single Family
Residential) to the east.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must-be made in a form which
is part of the official record. This may be achieved through information on
the application, the Staff Report or Minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas:
FUTURE LAND USE MAP: The use or structures must be allowed in the
zoning district and the zoning district must be consistent with the land use
designation.
The proposed RM-8 zoning designation is consistent with the proposed Medium
Density Residential 5-12 du/ac land use designation. The proposed multiple
family development is allowed as a permitted use within the RM-8 zone district,
and will be limited to a maximum of 8 units per acre. Based upon the above, a
positive finding can be made with respect to consistency with the Future Land
Use Map.
CONCURRENCY; Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided pursuant to
levels of service established within the Comprehensive Plan.
The proposal involves the annexation of existing vacant land. There will be no
changes in the manner that water, sewer, drainage, streets/traffic and solid
Planning and Zoning Board Staff report
Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future
Land Use Map Amendment
Page 10
waste services will be provided. Fire, EMS and Police will shift to a different
provider; however, all of these services will be equal to or better than existing
services (see annexation analysis for details).
COMPLIANCE WITH LAND DEVELOPMENT REGULATIO'N~:
The subject property is currently vacant with a billboard situated at the southeast
corner of the property. When a sign is annexed which does not comply with the
provisions of Section 4.6.7 (Signs), the sign must be removed upon annexation.
Staff will work with the property owner in order to obtain compliance. Any future
development will be required to comply with all Land Development Regulations.
CONSISTENCY: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions), along with the required
findings in Section 2.4.5(D)(5) (Rezoning Findings), shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making
a finding of overall consistency.
Com_Drehensive Plan Policies:
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and the following applicable objectives and policies were
found.
Housing Element Policy C-2.4: Development of remaining vacant
properties which are zoned for residential purposes shall be developed in a
manner which is consistent with adjacent development regardless of
zoning designations. These policies shall be implemented through the
review process associated with platting and site plan and shall be effective
immediately.
This policy will be further reviewed at the time of site and development plan
review. However, it is noted that the adjacent residential development to the
west and south (Country Club Acres) is developed at 5 units per acre.
Development of the property should be reasonably consistent with the character
of the surrounding residential developments. The current development potential
of the property under the County's HR-8 land use designation is 33 units, which
is equivalent to the maximum allowed under the proposed RM-8 zoning district.
With the property's extensive frontage along Military Trail and limited depth, it
seems appropriate to apply the density suffix of 8 units per acre.
Land Use Element Objective A-J: Vacant property shall be developed in a
manner so that the future use and intensity is appropriate in terms of soil,
Planning and Zoning Board Staff report
Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future
Land Use Map Amendment
Page 11
topographic, and other applicable physical considerations, is
complementary to adjacent 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 miti[~ation measures. As
stated under Housing Element Policy C-2.4, the property can be developed in a
manner that will be complementary to the adjacent residential area. The
development of this property will likely fulfill the need for moderate and middle
income housing. With review of a specific development proposal this policy will
be revisited.
Section 3.3.2 (Standards for Rezoning Actions): Standard B and C is not
applicable with respect to this rezoning request. The applicable
performance standards of Section 3.3.2 are as follows:
A) That a rezoning to other than CF within stable residential areas shall
be denied.
The property is designated vacant residential on the Neighborhood
Categorization Map. However, the properties to the east (The Hamlet)
are noted as Stable residential and to the south and west are indicated as
Stabilization. The rezoning is required in conjunction with the annexation
request. The proposed RM-8 zoning designation will be consistent with
the proposed MDR land use map designation.
D) That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land uses both
existing and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse impacts from
the new use.
The initial RM-8 zoning designation will accommodate the proposed
multiple family development as a permitted use. Compatibility with the
adjacent residential development will relate to the ultimate density of
future development. The development potential of the property under the
County's HR-8 land use designation is 33 units, which is equivalent to the
maximum allowed under the proposed RM-8 zoning district. The City's
RM zoning district has a range of 6-12 units per acre, with the maximum
density determined at the time of site plan approval, based upon
compatibility with surrounding properties, or application of a density suffix
through the rezoning process. With the property's extensive frontage
along Military Trail, limited depth, and the current County HR-8 FLUM
designation, it seems appropriate to apply the density suffix of 8 units per
acre.
Planning and Zoning Board Staff report
Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future
Land Use Map Amendment
Page 12
The RM zoning district requires a minimum 25 foot building setback.
Further, within the landscape strips abutting the single family subdivision,
trees must be planted every 30 feet. Compatibility of a specific
development proposal with the adjacent dev. el.o. pments will be
appropriately addressed with the review of a site and development plan
request.
Section 2.4.5{.D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills
one of the reasons for which the rezoning change is being sought. These
reasons include the following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which make
the current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed
under the Future Land Use Map and that it is more appropriate
for the property based upon circumstances particular to the
site and/or neighborhood.
The applicant has submitted a justification statement which states the following:
"The applicant is applying for annexation of this property into the City.
The annexation requires that the applicant apply for an appropriate zoning
designation. The RM-8 is being sought as it is consistent with the existing
County HR-8 and the proposed City Medium Density Residential 5-12
du/ac land use designations."
Comment: The justification statement addresses Item "c" as the basis for which
the rezoning should be granted, however, Item "b" 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 requested zoning
is of similar intensity as that allowed under the proposed City Medium Density
Residential land use designation. The RM-8 zoning is more appropriate for the
property than the current'County zoning designations of AR (Agricultural
Residential) given the properties location and its extensive frontage along
Military Trail.
Planning and Zoning Board Staff report
Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future
Land Use Map Amendment
Page 13
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).
Lake Worth Drainaue District
Lake Worth Drainage District reviewed the annexation request and indicated that
additional right-of-way for the L-34 Canal (along north property line) is not
required.
Palm Beach County_ Notice:
On July 22, 1996 the Palm Beach County Planning Division was notified of the
City's intent to annex this property. To date, a response has not been received.
IPARC Notice:
Notice of the Future Land Use Map Amendment was also provided to the
Interlocal Plan Amendment Review Committee (IPARC) which distributes the
information to adjacent municipalities. To date, a response has not been
received.
Courtesy Notice:
Courtesy notices were sent to the following homeowner's and civic associations:
E~ Country Club Acres
El Greensward Village Condominium Association (within The Hamlet
development)
El Hamlet Residents Association
El PROD (Progressive Residents of Delray)
El United Property Owners
Public Notice:
Formal public notice has been provided to all property owners within a 500 foot
radius of the subject property. Letters of objection, if any, will be presented at
the Planning and Zoning Board meeting.
Accommodating the annexation of this property is consistent with the City's
program for annexation of territory within its Planning and Service Area. The
requested Medium Density Residential 5-12 du/ac Future Land Use Map
Planning and Zoning Board Staff report
Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future
Land Use Map Amendment
Page 14
designation is less intensive as allowed under the current City advisory
designation of Transitional. The application of an initial zoning designation of
RM-8 is consistent with the proposed land use designation.
The annexation will provide the property with better Police, Fire, EMS and Code
Enforcement services. The property will experience an increase in ad valorem
taxes. Upon development of the property for office development, stormwater
assessment fees and occupational license fees will be imposed.
The City will receive additional revenue from property taxes, in addition to
stormwater assessment fees, utility taxes, franchise fees, and licensing fees
upon development. The total immediate revenue increase is approximately
$575.74 a year. With development of the property, infrastructure improvements
which include water and sewer main extensions to the west side of Military Trail,
and the installation of a lift station will offset the costs of providing these services
to Country Club Acres in the future.
If the annexation is approved, it is anticipated that a site and development plan
submittal will follow. Compatibility of a specific development proposal with the
adjacent developments will be addressed with the review of a site and
development plan request. Concurrency concerns with respect to traffic will
dictate the development time frame.
A. Continue with direction.
B. Recommend approval of the Annexation, Small-Scale Future Land Use
Map amendment from County HR-8 to City Medium Density Residential 5-
12 du/ac and initial zoning designation of RM-8 (Medium Density
Residential - 8 du/ac).
C. Recommend denial of the Annexation, Small-Scale Future Land Use Map
amendment from County HR-8 to City Medium Density Residential 5-12
du/ac and initial zoning designation of RM-8 (Medium Density Residential
- 8 du/ac) with the basis stated.
Recommend approval of this Annexation, Small-Scale Future Land Use Map
amendment from County HR-8 to City Medium Density Residential 5-12 dulac
and initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac)
based upon positive findings with respect to LDR Section 3.1.1, Section 3.3.2,
Section 2.4.5(D)(5), policies of the Comprehensive Plan, and the following:
Planning and Zoning Board Staff report
Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future
Land Use Map Amendment
Page 15
A. That the property is contiguous, reasonably compact and does not create
an enclave; and,
B. That services will be provided to the property in a manner similar to other
similar properties within the City. '
Attachments:
El Location Map
El Survey
This Report prepared by: Jeff Costello. Senior Planner
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF LAND USE CHANGE
The City Commission of the City of Delray Beach, Flodda, will consider a
proposed change to the Future Land Use Map for a 4.18 acre parcel of
land located on the west side of Military Trail, approximately 1,400 feet
south of Atlantic Avenue (Carusillo and Evans property). The proposal
involves a Small Scale Future Land Use Map amendment FROM County
HR-8 (High Density Residential- 8 units/acre) TO City Medium Density
Residential 5-12 units/acre, in conjunction with annexation of the subject
property to the City of Delray Beach.
The City Commission will conduct a Public Hearing on TUESDAY, SEP-
TEMBER 17, 1996. AT 7:00 P.M. (or at any continuation of such meeting
which is set by the Commission), in the Commission Chambers at City
Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. At this meeting the City
Commission intends to adopt this small scale amendment to the Future
Land Use Map. The title of the enacting ordinance is as follows:
ORDINANCE NO. 35-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE
WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 1,400
FEET SOUTH OF ATLANTIC AVENUE, AS MORE PARTICU-
LARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGU-
OUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PRO-
VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION
FOR SAID LAND TO THE FUTURE LAND USE MAP AS CON-
TAINED IN THE COMPREHENSIVE PLAN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN AMEND-
MENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8
(MEDIUM DENSITY RESIDENTIAL - 8 UNITS/ACRE); PRO-
VlDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
All interested citizens are invited to attend the public hearin~ and com-
ment upon the proposed Land Use Map Amendment or submit their com-
ments in writing on or before the date of this hearing to the Planning and
Zoning Department. For further information or to obtain copies of the pro-
posed amendment, please contact Jeff Costello .at the Planning and
Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida 33444 (Phone 561/243-7040), between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO
ANY MA'FI'ER CONSIDERED AT THIS HEARING, SUCH PERSON
;WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS
,PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD
;INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
:APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PRE-
'PARE SUCH RECORD. PURSUANT TO F.S. 286.0105.
CITY OF DELRAY BEACH
Alison MacGregor Harry
City Clerk
;PUBLISH: September 10, 1996
The News
Ad #738731
CITY OF DELRAY BEACH~ FLORIDA
NOTICE OF LAND USE CHANGE
The City Commission of the City of Delray Beach, Florida, will consider a
proposed change to the Future Land Use Map for a 4.18 acre parcel of land
located on the west side of Military Trail, approximately 1,400 feet south
of Atlantic Avenue (Carusillo and Evans property). The proposal involves a
Small Scale Future Land Use Map amendment FROM County HR-8 (High Density
Residential- 8 units/acre) TO City Medium Density Residential 5-12
units/acre, in conjunction with annexation of the subject property to the
City of Delray Beach.
The City Commission will conduct a Public Hearing on TUESDAY, SEPTEMBER 17,
1996, AT 7:00 P.M. (or at any continuation of such meeting which is set by
the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida. At this meeting the City Commission intends
to adopt this small scale amendment to the Future Land Use Map. The title
of the enacting ordinance is as follows:
ORDINANCE NO. 35-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 1,400
FEET SOUTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING
AN OFFICIAL LAND USE DESIGNATION FOR SAID LAND TO THE FUTURE LAND
USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMEntS; PROVIDING FOR THE ZONING THEREOF TO
RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 UNITS/ACRE); PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
All interested citizens are invited to attend the public hearing and
comment upon the proposed Land Use Map Amendment or sukmit their comments
in writing on or before the date of this hearing to the Planning and Zoning
Department. For further information or to obtain copies of the proposed
amendment, please contact Jeff Costello at the Planning and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444
(Phone 407/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY
THE CITY COMMISSION WITH RESPECT TO ANY MA~TER CONSIDERED AT THIS HEARING,
SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE
MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE
NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
September 10, 1996 Alison MacGregor Harty
City Clerk
Instructions to Newspaper: This ad is not to appear in the legal
advertisement section of the newspaper. The ad must be at least two (2)
columns wide by ten (10) inches long. The headline [CITY OF DELRAY BEACH,
FLORIDA NOTICE OF LAND USE CHANGE] must be an 18 point bold headline.
Thank you.
CITY'OF DELRAY BEACH, I I.ORIDA
NOTICE OF ANNEXATION AND ZONING
ORDINANCE NO. 35.06
The City Commission of the City of Delay Beach will hold a PUBLIC HEARING ON THE
FOLLOWING PROPOSED ORDINANCE ON'llJESDA¥. SEirIF. MBER 17. lgg6 AT 7:66
~ (or at any continuation of such meeting which is set by the Commission), in the
'Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delay Beach, Florida, at which
~me the City Commission will consider ils adoption. The ordinance will be read by title only
~and all persons interested will be given the oppe~i~ to be heard.
..ORDINALS. CE NO. 35-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELI[AY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL
OF LAND LOCATED ON THE WEST SIDE OF MlUTARY TRAIL, APPROXIMATE-
LY 1,400 FEET SOUTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI-.
PAL 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 FOR SAID LAND TO THE
~ · · ~ ~ FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN;
~ · (~ ~ ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION
D O · (,,,J ~ ~ ' ~flOCESS FOR SMALL SCALE'LAND USE PLAN AMENDMENTS; PROVIDING
I· · ( ? (2 FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8
! · · L., UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING_
1· · O (~ CLAUSE, AND AN EFFECTIVE DATE.
! · · (' :..~ A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO
i· · C., G BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AN·
~ SUBDIVISION AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE
HEREINABOVE NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK,
CITY HALL, 100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA.
II _
This notice i~published as required by State law. The proposed ordinance may be inspect-
ed at ~he Office of ,the City Clerk at C~ Hall, 100 N.W. 1st Avenue, Delmy Beach, Flodde,
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED that if a person decides to appeal any derision made by the City
Commission with respect to any matter considered at this headng, such person will need
to ensure that a verbatim record includes the testimony and evidence upon which the
appeal is to be based. The City does not provide nor prepare such record. Pursuant to ES.
285.0105.
CITY OF DELI{AY BEACH
Nison MacGregor Harty
City Clerk ·
PUBLISH: September 13, 1996
The News
Ad #738731
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF ANNEXATION AND ZONING
ORDINANCE NO. 35-96
The City Commission of the City of Delray Beach will hold a PUBLIC HEARING
ON THE FO~NG PROPOSED ORDINANCE ON TUESDAY~ SEPTEMBER 17~ 1996~ AT 7:00
P.M. (or at any continuation of such meeting which is set by the
Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida, at which time the City Commission will consider its
adoption. The ordinance will be read by title only and all persons
interested will be given the opportunity to be heard.
ORDINANCE NO. 35-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 1,400
FEET SOUTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING
AN OFFICIAL LAND USE DESIGNATION FOR SAID LAND TO THE FUTURE LAND
USE MAP AS CONTAINED IN THE CC~PREHENS/VE PLAN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL
LAND USE PLAN AMENDMENTS; PRDVIDING FOR THE ZONING THEREOF TO
RM-8 (MEDIUM DENSITY RESIDENTIAL -8 UNITS/ACRE); PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE
ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY ~ AND
SUBDIVISION AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE HEREINABOVE
NAMED CAN BE OBTAINED FRDM THE OFFICE OF THE CITY CLERK, CITY HAT.L, 100
N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA.
(INSERT A~TACHED MAP HERE)
This notice is published as required by State law. The proposed ordinance
may be inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida, between the hours of 8:00 a.m. and 5:00
p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at this hearing,
such person will need to ensure that a verbatim record includes the
testimony and evidence upon which the appeal is to be based. The City does
not provide nor prepare such record. Pursuant to F.S. 285.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
September 13, 1996 Alison MacGregor Harty
City Clerk
Instructions to NewsDaDer: This is a display ad to be published in the
legal/classified section of the newspaper. Thank you.
re f: anexad2
CITY OF DELRAY BEACH~ FLORIDA
NOTICE OF ANNEXATION AND ZONING
ORDINANCE NO. 35-96
The City Commission of the City of Delray Beach will hold a PUBLIC HEARING
ON THE FOLLOWING PROPOSED ORDINANCE ON TUESDAY~ SEPTEMBER 17~ 1996~ AT 7:00
P.M. (or at any continuation of such meeting which is set by the
Commission), in the Commission Cb~unbers at City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida, at which time the City Commission will consider its
adoption. The ordinance will be read by title only and all persons
interested will be given the opportunity to be heard.
ORDINANCE NO. 35-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PA~EL OF LAND
LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 1,400
FEET SOUTH OF ATIAS~IC AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING
AN OFFICIAL LAND USE DESIGNATION 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 SM~LL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO
RM-8 (MEDIUM DENSITY RESIDENTIAL -8 UNITS/ACRE); PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Louis J. Carusillo and Harold R. Evans are the fee-simple
owners of a 4.18 acre vacant parcel of land located on the west side of
Military Trail, approximately 1,400 feet south of Atlantic Avenue; and
WHEREAS, Michael covelli, Caulfield & Wheeler, Inc., as duly
authorized agent for the fee-simple owners hereinabove named, has requested
by voluntary petition to have the subject property annexed into the
municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to
the corporate limits of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to
annex lands in accord_~nce with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under
the jurisdiction of Palm Beach County, Florida, having a County Future Land
Use Map designation of HR-8 (High Density Residential - 8 units/acre); and
WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the
subject property in the City of Delray Beach, Florida, is Medium Density
Residential 5-12 units/acre; and
WHEREAS, the City's Future Land Use Map designation of Medium Density
Residential 5-12 units/acre is consistent with the County FLUM designation
of HR-8 (High Density Residential - 8 units/acre) for the property
hereinafter described; and
WHEREAS, the City's FLUM designations as initially contained on the
City's Future Land Use Map adopted in November, 1989, and as subsequently
amended, are deemed to be advisory only until an official Land Use
Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this
proceeding, and provisions of Land Development Regulations Chapter Two have
been followed in establishing the proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning
Board held a public hearing and considered the subject matter at its
meeting of August 19, 1996, and voted unanimously to recommend that the
request be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLC~S:
Section 1. That the City Commission of the City of Delray Beach, Palm
Beach County, Florida, hereby annexes to said City the following described
land located in Palm Beach County, Florida, which lies contiguous to said
City to-wit:
The East Half (E 1/2) of the Northeast ~arter (NE 1/4) of the
Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of
Section 23, Township 46 South, Range 42 East, Palm Beach County,
Florida, LESS the right-of-way for MilitaryTrail (State Road 809) and
subject to 66 foot area claimed by Lake Worth Drainage District per
Court Decision BY 1915 (Chancery Case No. 407).
The subject property is located on the west side of Military Trail,
approximately 1,400 feet south of Atlantic Avenue; containing 4.18
acres, more or less.
Section 2. That the boundaries of the City of Delray Beach, Florida,
are hereby redefined to include therein the above-described tract of land
and said land is hereby declared to be within the corporate limits of the
City of Delray Beach, Florida.
Section 3. That the land hereinabove described shall immediately
become subject to all of the franchises, privileges, immunities, debts,
obligations, liabilities, ordinances and laws to which lao~s in the City of
Delray Beach are now or may be subjected, including the Stormwater
Management Assessment levied by the City pursuant to its ordinances and as
required by Florida Statutes Chapter 197, and persons residing thereon shall
be deemed citizens of the City of Delray Beach, Florida.
Section 4. That this annexation of the subject property, including
adjacent roads, alleys, or the like, if any, shall not be deemed acceptance
by the City of any maintenance responsibility for such roads, alleys, or
the like, unless otherwise specifically initiated by the City pursuant to
current requirements and coo~litions.
Section 5. That the Future Land Use Map designation of the subject
property is hereby officially affixed as Medium Density Residential 5-12
un/ts/acre.
Section 6. That the City of Delray Beach elects to make this small
scale amendment by having only an adoption hearing, pursuant to Florida
Statutes Section 163.3187(1) (c) (4).
Section 7. That Chapter Two of the Land Development Regulations has
been followed in the establishment of a zoning classification in this
ordinance and the tract of laD~t herei~sbove described is hereby declared to
be in Zoning District RM-8 (Medium Density Residential - 8 units/acre) as
defined by existing ordinances of the City of Delray Beach.
Section 8. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 9. That should any section or provision of this ordinance or
any portion thereof, any paragraph, sentence or word be declared by a court
of competent jurisdiction to be invalid, such decision shall not affect the
validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 10. That this ordinance shall become effective as follows:
As to annexation, immediately upon passage on second and final reading; as
to land use and zoning, thirty-one (31) days after adoption, unless the
amendment is challenged pursuant to Section 163. 3187 (3), F.S. If
challenged, the effective date of the land use plan amendment and zoning
shall be the date a final order is issued by the Department of Community
Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No develo~ent orders, develolament
permits, or land uses dependent on this amendment may be issued or commence
before it has become effective. If a final order of noncompliance is issued
by the Administration Commission, this amendment may nevertheless be made
effective by adoption of a resolution affirming its effective status, a copy
of which resolution shall be sent to the Department of Community Affairs,
Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida
32399-2100.
A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE PR~)PERTY TO BE
ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND
SUBDIVISION AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE HEREINABOVE
NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK, CITY HALL, 100
N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA.
(INSERT AT~ACHED MAP HERE)
This notice is published as required by State law and Section 2.03(b) of
the City Charter of the City of DelrayBeach. The proposed ordiu~ance may
be inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida, between the hours of 8:00 a.m. and 5:00
p.m., Monday through Friday, excluding holidays.
P¥.F. ASE BE ADVISED that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at this hearing,
such person will need to ensure that a verbatim record includes the
testimony and evidence upon which the appeal is to be based. The City does
not provide nor prepare such record. Pursuant to F.S. 285.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
September 6, !996 Alison MacGregor Harty
City Clerk
Instructions to Newspaper: This is a display ad to be published in the
legal/classified section of the newspaper. Thank you.
ref:anexadl
LEGAL VERIFICATION FORM
FILE #: 96-193 & 96-194
PROJECT NAME: CARUSILLO/EVANS ANNEXATION AND FLUM
AMENDMENT
LEGAL DESCRIPTION:
The East half (E 1/2) of the Northeast quarter (NE 1/4) of the Northeast quarter
(NE 1/4) of the Northeast quarter (NE 1/4) of Section 23, Township 46 South,
Range 42 East, Palm Beach County, Florida, less the right-of-way for Military
Trail (State Road 809) and less the 66' area claimed by Lake Worth Drainage
District per Court decision by 1915 (Chancery Case No. 407).
SOURCE of Legal Description: Survey (copy attached)
VERIFIED BY: ~ DATE:
VERIFICATION REQUEST NEEDED BY: AUGUST 28, '1996
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
LEGCARU
CAUI. PIEI..D & WHEELER, INC.
Ctm~ultlr,U Engineers ,, P!annors - Surveyors
September [0, 1996
Ms. Jasmine Alien
Planning Department
City of Dclary
100 N.W. First AYenue
Dclmy Beach, I;L 3.t444
Subject: Camsillo & Evans Site
LUPA, Rezor~ing, & Annexation
Our Project No. 3003
Dear Ms. Allen:
Thc ~unended legal description as described on the survey dated 8/29/96 by O'Brien,
guiter& O'Bricn reflects the subject property. The amended acreage is 3.7587acres.
If you have any questions or need additional information please-contact me.
~ ..~'~t[ullield Wh _ er Inc.
Micha, pt/l. Corelli, AICP/AS1 ~A
Vice/President
MJC:cdl
3wp/letters/allen.2
/..301 -A We.~! Palrrm, tto Park Road - Sure 100.a,
Boca Ralon, Florida
5,t~l · R~2-1991
FAX: 561 · 750-1452