Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Ord 70-06
[ITS OF DELRA~ ®EACH ,i : "' S~ . ~ a, ~ a DELR CITY CLERK All-America City I ~ 993 February 8, 2007 Zoos NOTIFICATION OF ANNEXATION Please find a copy of Ordinance No. 70-06 annexing property to the City of Delray Beach, which was passed and adopted on second and final reading by the City Commission in regular session on February 6, 2007. Ordinance 70-06 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 Delray Beach. If you have any questions, please do not hesitate to contact the City Clerk's office at (561) 243-7059. Sincerely, ~~~ ~~, Chevelle D. Nubin, CMC City Clerk Attachments: Ordinance No. 70-06 Annexation Brief [IT4 OF UELRIIY BEFI[H DELRAY BEACH 0 ,1 `,,,~,1 `~ /~ lU''fUllen r~4m ~ 11 ~ 1993 2001 CITY CLERK ~ .~ ,.,, ,~,~~ ~~~3:= ,~,r.. ;:. 4:~~;F; ~~:~.~.~ . ~ , :1~3 ,,~v~ 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. 70-06, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 6th day of February, 2007. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 8th day of February, 2007. Chevelle D. Nubin, CMC City Clerk City of Delray Beach, Florida r.-»_ ~' . .,ti ,a K ~.; ,,~, ~ . ® Pr~ntedonReoycied„ F,- THE' EFFORT ALWAYS MATTER a i~~~a~~~~~~~~~N~a~~~i~ CFN 20070109°i27 OR BK 21479 PG 0724 RfiCORDED 03/06/2007 09:13:96 Pal' Beach County. Florida Sharon R. Bock, CLERK b CAMPTROLLER Pgs 0724 - 729) t6pga) ORDINANCE NO. 70-06 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 ON THE SOUTH SIDE OF 133RD ROAD SOUTH, 640 FEET WEST OF BARWICK ROAD, AND APPROXIMATELY 1,400 FEET NORTH OF LAKE IDA ROAD, AS THE SAME IS 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; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 UNITS PER ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE WHEREAS, the City of Dekay Beach is the fee simple owner of a 3.18 acre parcel of land located on the south side of 133` Road South, 640 feet west of Barwick Road, and approximately 1,400 feet north of Lake Ida Road; and WHEREAS, the subject property hexeinafrer 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 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(E)(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of July 17, 2006, and voted 6 to 1 to recommend that the annexation be approved with an initial zoning of RM-8 (Medium Density Residential -8 units per acre) District, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and ORDINANCE NO.70-06 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 ON THE SOUTH SIDE OF 133' ROAD SOUTH, 640 FEET WEST OF BARWICK ROAD, AND APPROXIMATELY 1,400 FEET NORTH OF LAKE IDA ROAD, AS THE SAME IS 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; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 UNITS PER ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE WHEREAS, the City of Delray Beach is the fee simple owner of a 3.18 acre parcel of land located on the south side of 133` Road South, 640 feet west of Barwick Road, and approximately 1,400 feet north of Lake Ida Road; 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 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(E)(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of July 17, 2006, and voted 6 to 1 to recommend that the annexation be approved with an initial zoning of RM-8 (Medium Density Residential -8 units per acre) District, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers 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 CITY COMMISSION OF THE CITY OF DELRAY 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: The East 221.59 feet of the Southwest '/a of the Southeast '/a of the Northwest '/< of Section 12, Township 46 South, Range 42 East, Palm Beach County, Florida, less the South 40 feet thereof for Lake Worth Drainage District right-of--way. 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. 'T'hat 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 Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District RM-8 (Medium Density Residential -8 units per acre) as defined be existing ordinances of the City of Delray Beach. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD. No. 70-06 Section 8. 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 9. 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 immediately upon the effective date of Ordinance 38-06, under which official land use designation of MD (Medium Density Residential 5-12 du/ac) is affixed to the subject parcel hereinabove described. `~ P D AND ADOPTED in regular session on second and final reading on this the day of , 20~. OR ATTEST: `~ ~. N~,..N City Clerk First Readin ~~ ~ ~ ~D Second Reading_ 3 ORD. No. 70-06 _ SUNRISE 80Ul~EVARD it +1IE~~ $ABAL lAKE5 ROAD N 3 J C3 SABAL Q . cr rY PARK CANAL L-31 1 r L~ o~~~ ~~Q ~~ ~R / O MEADO~~C~ LANE 1. A K E /"1 N.W. 10'fFi ST. ~L o B iy F C9y~ ~~ LADE ~~ ~ i L3 N.W. STH 5T. COUNTRY I~dANORS ROAD [L' ~} 2~8IRD~ A CARatNAt m $AR4YIGK ~~ PARK ~ ~ ~~ ~ LANE ~ ;4 rRt: srA. ~4 ! a A R fl A D N B~XL.EY PARK EXPANSION --mil- LC}CATI4N MAP CITY Of DEIRAY BEACH. Fl K7fi SUB.IECTPROPEF27Y PUVJNWC loc ZDNWG DEPARTMENT - UKil/AL tf+lSE A(N' S757EM -- MAP REE: I.~t8J6 ANNEXATION BRIEF FOR CITY OWNED PARCEL AT 4652 133r ROAD SOUTH. 640' WEST OF BARWICK__ ROAD APPROXIMATELY 1,400' NORTH OF LAKE IDA ROAD. Property Control Number: 00-42-46-12-00-000-3200 Acreage: 3.18 Acres. Number of Buildings On-site: Vacant Taxable Value: $0 Projected Population Increase: 0 Owner's Address: 100 N.W. 1St Avenue, Delray Beach, Florida 33444 Property Address: 4652 133~d Road South County Land Use Designation: MR-5 (Medium Residential 5 du/ac) Proposed City Land Use Designation: MD (Medium Density Residential 5-12 du/ac). Proposed City Zoning Designation: RM-8 (Residential Medium Density 5-8 du/ac) Current Use of Property: Vacant. MEMORANDUM TO: FROM: SUBJECT: DATE: FEBRUARY 2, 2007 This ordinance is before Commission for second reading and quad judicial hearing for a city initiated annexation and rezoning from County AR (Agricultural Residential) to City RM-8 (Residential Medium Density 5-8 du/ac) fora 3.18 acres parcel located on the south side of 133nd Road South, 640' west of Barwick Road approximately 1,400 feet north of Lake Ida Road. The subject property is a City owned pazcel containing 3.18 acres of land located along the south side of 133`d South. The property is bound on the south by the Lake Worth Drainage District (LWDD) Ir 31 Canal and the Country Manors Condominium Development. To the north is the 25' right-of--way of 133`" Road South dedicated by the Bexley Park planned residential development and Barwick Ranch Subdivisions. The access to this parcel is via 133`d Road South from Barwick Road to the east. The subject property is under the jurisdiction of Palm Beach County but in a designated annexation area for the Ciry of Dekay Beach. The property is located in the City's Planning Area, known as Annexation Axea "E" (the North Military Trail Area), as referenced in the Future Land Use Element Policy B-3.5 of the Comprehensive Plan. The City has an advisory 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. Aland use amendment is being processed as part of 2007-1 to apply a Medium Density Residential (MD) land use designation. On July 17, 2006, the Planning and Zoning Board held a public hearing involving this pazcel along with the adjacent parcels. It is noted the current proposal involves only the City owned pazcel at this time. There was public testimony from several residents that live in close proximity to the subject property. Residents concerns evolved around the increase in property taxes and property value, future use of 133`d Road South, traffic increase, and potential for zero lot line townhouse developments. After reviewing the staff report and discussing the proposal, the Board voted 6 to 1 to recommend that the request be approved. Staff recommends approval 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 LDR Section 2.4.5(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), and LDR Section 3.2.2 (Standards for Rezoning Actions). At the first reading on November 21, 2006, the Commission passed Ordinance No. 70-06 Recommend approval of Ordinance No. 70-06 on second and final reading. S:\City Oerk\AGENDA COVER MEMOS\O.dinanm Agenda Memos\Ord 70-06 Mneaation vd Rezoning 3.18 Acrea 2nd Reading 0206.07.doc MAYOR AND CITY COMMISSIONERS SUBJECT: - t -- y _ - - - - The subject property is a City owned parcel containing 3.18 acres of land located along the south side of 133`d Road South. The property is bound on the south by the LWDD L-31 Canal and the Country Manors Condominium development. To the north is the 25' right-of-way of 133rd Road South dedicated by the Bexley Park planned residential development, and Barwick Ranch Subdivisions. The access to this parcel is via 133`d Road South from Barwick Road to the east. The subject property is under the jurisdiction of Palm Beach County but in a designated annexation area for the City of Delray Beach. The property is located in the City's Planning Area, known as Annexation Area "E" (the North Military Trail Area), as referenced in the Future Land Use Element Policy B-3.5 of the Comprehensive Plan. The City has an advisory 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. Aland use amendment is being processed as part of 2006-1 to apply a Medium Density Residential (MD) land use designation. This related land use change should be reviewed by the City Commission on December 5, 2006 or January 16, 2007 (depending on whether an Objective, Recommendations and Comments (ORC) report is issued). Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of July 17, 2006, the Planning and Zoning Board held a public hearing involving this parcel along with the adjacent parcels. It is noted the current proposal involves only the City owned parcel at this time. There was public testimony from several residents that live in close proximity to the subject property. Residents concerns evolved around the increase in property taxes and property value, future use of 133`d Road South, traffic increase, and potential for zero lot line townhouse developments. After reviewing the staff report and discussing the proposal, the Board voted 6 to 1 to recommend that the request be approved. The request was approved based upon positive findings with respect to LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(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~~rrother properties within the City. By motion, approve on first reading the ordinance for rezoning from County AR (Agricultural Residential) to City RM-8 (Residential Medium Density, 5-8 du/ac)), 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(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: • P 8 Z Staff Report of July 17, 2006 and Proposed Ordinance MEETING OF NOVEMBER 21, 2006 ORDINANCE NO.70-06 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 ON THE SOUTH SIDE OF 133an ROAD SOUTH, 640 FEET WEST OF BARWICK ROAD, AND APPROXIMATELY 1,400 FEET NORTH OF LAKE IDA ROAD, AS THE SAME IS 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; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 UNITS PER ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE WHEREAS, the City of Delray Beach is the fee simple owner of a 3.18 acre pazcel of land located on the south side of 133rd Road South, 640 feet west of Barwick Road, and approximately 1,400 feet north of Lake Ida Road; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Dekay Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS pursuant to LDR Section 2.2.2(E)(6), the Planning and Zoning Boazd held a public hearing and considered the subject matter at its meeting of July 17, 2006, and voted 6 to 1 to recommend that the annexation be approved with an initial zoning of RM-8 (Medium Density Residential -8 units per acre) District, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes aze consistent with and furthers 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 TT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above aze incorporated herein. Section 2. That the City Commission of the City of Dekay 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 221.59 feet of the Southwest Y< of the Southeast '/< of the Northwest '/< of Section 12, Township 46 South, Range 42 East, Palm Beach County, Florida, less the South 40 feet thereof for Lake Worth Drainage District right-of--way. 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 declazed 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 Stonnwater 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 Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declazed to be in Zoning District RM-8 (Medium Density Residential -8 units per acre) as defined be existing ordinances of the City of Delray Beach. 2 ORD. No 70-06 Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same aze hereby repealed. Section 8. That should any section or provision of this ordinance or any portion thereof, any pazagaph, sentence or word be declazed 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 9. 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 immediately upon the effective date of Ordinance 38-06, under which official land use designation of MD (Medium Density Residential 5-12 du/ac) is affixed to the subject parcel hereinabove described. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 20_ MAYOR ATTEST: City Clerk First Reading Second Reading 3 ORD. No 70-06 PLANNING AND ZONIN\C~ BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: Juty, 17, Zoos AGENDA ITEM: Iv.l3 ITEM: A City initiated Annexation, Future Land Use Map (PLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 5-8 du/ac) far a 3.18 acres parcel (owned by the City) located on the south side of 133r° Road S, 60' west Barwick Road; and a City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach County and the City of Delray Beach), Future Land Use Map (PLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) in part and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing four parcels and a total of 9.79 acres of land located on the west side of Barwick Road approximately 1,400' north of Lake Ida Road (see table below). 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 ............................. City of Delray Beach. City of Delray Beach. approximately 1,400' north of Lake Ida Road and to the west of Barwick Road. 12.97 Acres, (3.1 t3 voluntary annexation and 9.79 via interlocal agreement). MR-5 (Medium Residential 0-5 du/ac) LD in part, and MD in part. AR (Agricultural Residential) R-1-AAA in part, and RM-8 in part City PRD (Planned Plan Residential Development) PRD (Planned Residential Development), Sabal Lakes Multiple Family Residential - Medium Density (RM) Open Space and Recreational (OSR), Bexley Park Two single family homes /one single family home with landscape nursery and vacant. Existing uses/ no development plans for vacant parcels. Water service is available for single family homes along Barwick Road; extensions required to provide service to other parcels Sewer service is available for single family homes along Barwick Road; extensions required to provide service to other parcels. ~ CANAL L-31 ~ IV.B. The action before the Board is that of making a recommendation to the City Commission on the following items: A City initiated Annexation, Future Land Use Map (PLUM) Amendment. from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 5-8 du/ac) fora 3.18 acres parcel (owned by the City) located on the south side of 133` Road S, 60' west Barwick Road approximately 1,400' north of Lake Ida Road (see table below, PCN 42-46-12-00-000-3200). A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach County and the City of Delray Beach), Future Land Use Map (PLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing four parcels and a total of 9.79 acres of land located on the west side of Barwick Road approximately 1,400' north of Lake Ida Road (see table below). Pro osed PLUM Desi nation and Zonin . ~. ~~ . : . mm ensity Parcel l (City Owned) 424812000003200 3.18 RM~ Sub•Total 3.18 Enclave 1 ( mm en ly Panxl2 424812000003202 3.03 RMA Enclave 2 ~ ~ ium ensny Parcel3 424812000003024 5.00 RM~ aw nsity Parcel4 424812000003141 0.88 R-1-AM Low ensity parcels 424612000003190 0.88 R-1-HAA Sub-Total 9.79 Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the L'ocal~Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to a PLUM amendment and Rezoning of any property within the City. The subject property consists of a City owned parcel measuring 3.18 acres of land which is located along the south side of 133rd Road S, and 9.79 acres of land making up two enclaves which contains 4 parcels. The first enclave contains 3.03 acres located west of the City owned parcel and the second enclave contains two parcels measuring 1.76 acres and located on the west side of Barwick road; the other parcel measures 5.0 acres and is immediately to west of these parcels on the south side of 133`' Road S (see attached map). Planning and Zoning Board Mer of 07/17/06: Staff Report Bexley Park -Annexation, FLUM ..~nendment, and Rezoning Page 2 Interlocal Agreement Ordinance ,ry x~r t'Ct~ of ` ~ n red tzyrEncla e ~ ; ~ ~~~ , y ~ ~ p Y sl ',' as 4 ~ ~' t' ~'%W ~ ~ Ts~ ~"' a p _. ~,~ ~~ w . ar~ ? ~ Parcel 1 (City Owned) 424612000003200 1 3.18 1 Sub-Total 1 3.18 1 Enclave 1 Parcel2 424612000003202 1 3.03 1 Enclave 2 Parcel3 424612000003024 1 5.00 t Parcel4 424612000003141 1 0.88 1 parcels 424612000003190 1 0.88 1 Sub-Total 4 9.79 2 3 The property is bound to the south by the LWDD L-31 Canal and the Country Manors Condominium development. To the west is a public park Bexley Park and to the east is Barwick Road and Sabal Lakes Residential Development; and to the north is the 25' right-of- way of 133`d Road S, the Bexley Park planned residential development, and Barwick Ranch Subdivision. The access to these parcels is currently via 133rd Road S and from Barwick Road itself. The subject property is under the jurisdiction of Palm Beach County but in a designated annexation area for the City of Delray Beach. The property is located in the City's Planning Area, known as Annexation Area "E" (the North Military Trail Area), as noted in the Future Land Use Element Policy B-3.5 of the Comprehensive Plan. The City has an advisory 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 combined City initiated voluntary annexation and annexation via interlocal agreement of the subject properties. Current Land Use Designation: The current land use map designation for the property is County MR-5 (Medium Residential 0-5 du/ac). The current City "advisory" designation is LD (Low Density Residential 0-5 du/ac). Requested Land Use Designation: The requested Future Land Use Designation is to City MD (Medium Density 5-12 du/ac) in part and LD (Low Density Residential 0-5 du/ac). CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Desianated Annexation Area: The property to be annexed is located within designated Annexation Area "E" on the east side of Military Trail north of Lake Ida Road. Annexation of the territory is consistent with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise; and to address the annexation of improved property which lacks adequate sewer and water facilities through the Palm Beach County Annexation Incentive Program. Excluding the City owned 3.18-acre parcel (PCN 42-46-12-00-000-3200) two enclaves would exist one 3,03 acres west of the city parcel and the second 6.76 east of the city parcel for a total 9.79 acres. Each of the two enclaves make up the balance of the property and is under 10 acres and therefore are eligible for annexation via an interlocal agreement pursuant to F.S. 171.046. Planning and Zoning Board Meg ~ of 07N7/06: Staff Report Bexley Park-Mnexation, FLUh. _nendment, and Rezoning Page 3 Land Use Analysis: Consistency Between the City and County Land Use Designations: The proposed City Land Use Map Designation for the property is MD (Medium Density 5-12 du/ac) in part, and LD (Low Density 0-5 du/ac) in part. The existing County Future Land Use Map Designation for the property is MR-5 (Medium Residential - 5 du/ac). The City's LD Land Use Map Designation is consistent with the County's MR-5 designation in that Low Density Residential is similar. The designation on a portion of property is now proposed to be medium density allowing slightly higher densities. These are to be limited to 8 units per acre via the zoning designation of RM-8. While slightly higher this density continue to be compatible with the residential development to north, east, and south. The City's FLUM designation as initially contained on the City's Future Land Use Map adopted by Ordinance 82-89 in November 1989, are deemed to be advisory until an official Future Land Use Map Amendment is processed. Adjacent Land Use Map Designations. Zoning Designations and Land Uses: The following zoning designations and uses abut the subject property: Zonin Desi nation Use Plan Residential Development (PRD) and Bexley Park Subdivision and Barwick North: Single Family Residential (R-1-AA) Ranch Subdivision Multiple Family Residential -Medium Country Manors Subdivision and South: Densi RM Canal L-31 East: Plan Residential Development (PRD) Sabal Lakes Residential Developoment West: O en Space and Recreational OSR Bexle Park Allowable Land Uses: Under the proposed Medium Density Residential 5-12 du/ac (MD) in part, and Low Density Residential 0-5 du/ac (LD) in part Land Use Map designation, residential zoning districts which accommodate single family units (R-1 thru R-1-AAA) and multiple family units (RM) are allowed. With the proposed zoning designation of R-1-AAA and RM-8 (limiting density maximum to 8 units per acre) residential development compatible with the surrounding residential patterns can be anticipated. REQUIRED FINDINGS: 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 Planning and Zoning Board Meg I of 07H 7/06: Stag Report Bexley Park - Mnexation, FLUM . _nendment, and Rezoning Page 4 the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. ^ Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated, and said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The proposed Multiple Family Residential -Medium Density RM-8 and Single Family Residential (R-1-AAA) zoning districts are consistent with the proposed MD (Medium Density Residential 5-12 du/ac) and LD (Low Density Residential 0-5 du/ac) FLUM designation. Multiple Family Residential developments are allowed in the RM-8 zoning district as a permitted use at a maximum density of eight (8) units per acre. Single-family unit developments are allowed in the R-1-AAA zoning district as a permitted use at a base rate of zero to five (5) units per acre. Based on the above, positive findings can be made with respect to FLUM consistency. ^ 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 B-3.1). The proposal involves amending the FLUM designation from County MR-5 to City MD (Medium Density Residential) in part, and LD (Low Density Residential) in part for the subject property. 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, 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 future 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 subject 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 City limit 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. Planning and Zoning Board Mee' of 07/17/06: Staff Report Bexley Park - Mnexation, FLUM ~endment, and Rezoning Page 5 Annexation will not require additional manpower as the City patrols the area currently in the city to the north, south, east, and west. Fire and Emer4ency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 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. 4 at Barwick and Lake Ida Roads). Water. Municipal water service is available via connection to a 12" water main located along 133'" Roas S and Barcwick Road. With future development of the vacant property extensions will be required. Sewer.- Sewer service is available adjacent to the site via an existing 6" force main along the south side of 133'" Road S. Sewage mains and a new lift station have been constructed as part of the infrastructure improvements of "the Bexley Park" subdivision. Sewer service exist for single family homes along Barwick Road. With future development new connections and main extensions will be required. 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: The subject property can be accessed via 133'" Road S and from Barwick Road. 13~Road S and Barwick Road is under the jurisdiction of the City. With any future development of the subject property proper public acres will be required. Solid Waste: The future development of this property will continue to have minor solid waste impact. The solid waste authority has indicated they have sufficient capacity exists to service this area. The service provider will not change, as described later in this report. ^ Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policy 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. Planning and Zoning Board Me[ of D7H7/O6: Staff Report Bexley Park - Mnexation, FLUM.-. nendment, and Rezoning Page 6 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 MR-5 and the current "advisory" designation is LD (Low Density Residential), which allows single family residential developments. As the City's FLUM designation is being applied the requirement to provide justification for the need does not apply. It is noted that the proposed R-1-AAA designation would allow the same density (0-5 du/ac) as the one currently allow under the county designation of (MR-5). It is also noted that the proposed MD (Medium Density Residential) being applied to the three most western parcels will allow multiple family residential development (restricted to a maximum of 8 units per acre through zoning) which is compatible with the existing developments to the north, south, and east Bexley Park, Country Manor Subdivision, and single family homes respectively. Future Land Use Element Objective 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 adjacentland uses; and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would require mitigation measures. Under the LD FLUM designation, a range of 0 to 5 du/ac is allowed. Also, under the MD FLUM designation, a range of 5 to 12 du/ac is allowed (restricted to 8 units per acre through zoning). The requested zoning designations of RM- 8 and R-1-AAA will be compatible with the adjacent development patterns. Compatibility -The requested designation will be compatible with the existing and future land uses of the surrounding area. As described previously, the requested FLUM designation of LD (Low Density Residential) in part, and MD (Medium Density Residential) in part, and zoning of R-1-AAA (Single Family Residential) in part, and RM-8 (Residential Medium Density 8 du/ac) in part, will be compatible with adjacent development patterns. Homeownership is a characteristic of these designations. Consequently, compatibility with the abutting low density residential properties to the east and north (Sabal Lakes and Barwick Ranch), as well as abutting medium density residential properties to the south (Country Manor Subdivision) are consistent with the proposed dsignation. Comaliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Any future development of the subject property will be submitted to the site plan review process and will be reviewed for compliance with the LDRs including compatibility with adjacent uses. Florida Statues Governing 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 Planning and Zoning Board Mee' of 07N 7/O6: Staff Report Bexley Park-Mnexation, FLUM . _.,endment, and Rezoning Page 7 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 by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. The property is contiguous with the City and reasonably compact. With regard to creation of an enclave, in order to access the property one must first travel through the City. Thus, excluding the City owned 3.18-acre parcel (PCN 42-46-12-00-000- 3200) two enclaves would exist one 3,03 acres west of the city parcel and the second 6.76 east of the city parcel for a total 9.79 acres. Each of the two enclaves make up the balance of the property is under 10 acres and therefore eligible for annexation via an interlocal agreement pursuant to F.S. 171.046. Chapter 171.046, Florida Statutes (2004), provides for annexation of certain enclaves by entering into an Interlocel Agreement between the Municipality and the County having jurisdiction over such enclave. Land Develoament Regulations Governing 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. Excluding the City owned 3.18- acre parcel (PCN 42-46-12-00-000-3200) two enclaves would exist one 3,03 acres west of the city parcel and the second 6.76 east of the city parcel for a total 9.79 acres. Each of the two enclaves make up the balance of the property is under 10 acres and therefore are eligible for annexation via an interlocal agreement pursuant to F.S. 171.046. CONSISTENCY WITH THE CITY `S COMPREHENSIVE PLAN: Designated annexation area: The territory to be annexed is located within the designated annexation area "E" located on the east side of Military Trail north of Lake Ida Road. Annexation of the subject territory is consistent with the Future Land Use Element Policy B- 3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise; and to address the annexation of improved property which lacks adequate sewer and water facilities through the Palm Beach County Annexation Incentive Program. As expressed previously, excluding the City owned 3.18-acre parcel (PCN 42-46-12-00-000- 3200) two enclaves would exist one 3,03 acres west of the city parcel and the second 6.76 east of the city parcel for a total 9.79 acres. Each of the two enclaves make up the balance of the property is under 10 acres and therefore are eligible for annexation via an intedotzl agreement pursuant to F.S. 171.046. 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. Planning and Zoning Board Mee of 07/17/06: Staff Repoli Bexley Park -Annexation, FLUM . _.iendment, and Rezoning Page 8 Financial Imaacts: Effect upon Annexed Property: The following table depicts the current assessed value and total (County) taxes for the subject property: 00424612000003200 714,675 .00 13,617.00 375.00 13,992. 00 19 .505361 16,956. 14 $181. 44 23. 725668 17,137.58 3,145. 58 00424612000003202 00424612000003024 331,847 280,558 .00 .00 6,323.00 5,346.00 415.00 408.00 6,738.00 5.754.00 19 19 .505361 .505361 7,873. 6,656. 29 43 $181. $181. 44 44 23. 23. 725668 725668 8,054.73 6,837.87 1,316. 1,083. 73 87 00424612000003141 223,950 .00 4,267.00 276.00 4,543. 00 19 .505361 5,313. 36 $181. 44 23. 725668 5,494.80 951. 80 00424612000003190 167,312.00 3,188.00 276.00 3,464. 00 19 .505361 3,969. 59 5181. 44 23. 725668 4,151.03 687. 03 TOTAL 51,718,342 .00 32,741.00 51,750.00 534.491 .00 19. 505361 540,768.81 5907. 20 23. 725666 541,676.01 $7,185. 01 * Currently City owned the values noted would result after change in ownership. For the 2005 tax year the subject property had an assessed value of $1,718,342.00. With the change from County to City jurisdiction, the following taxes and rates will be affected: Fire/Rescue MSTU 5,325.14 3.19899 DELETE 0.00 0.000000 Palm Beach Coun Lib. 970.86 0.540301 DELETE 0.00 0.000000 Palm Beach Co.Lib.Debt 252.61 0.0404 DELETE 0.00 0.000000 Florida Inland Navegation 66.15 0.0385 66.15 0.038500 Health Care District 1,855.81 1.099999 1,855.81 1.099996 Palm Beach Coun 7,646.62 4.5 7,646.62 4.5 Palm Beach Coun Debt 462.58 0.26798 462.58 0.26798 Children Service Council 1,183.42 0.690201 1,183.42 0.690201 Public Schools Debt Serv. 381.47 0.274 381.47 0.274 Public Schools Loc.Board 4,560.48 2.547 4,560.48 2.594 Public Schools State Law 8,838.17 5.65 9,667.85 5.564 SFWMD District 1,025.85 0.597001 1,025.85 0.597001 SFWMD Ever lades Const. 171.84 0.09999 171.84 0.09999 Ci of Delra Beach 7.466100 Added Ci 12,829.31 7.466100 Ci of Delra Beach Debt 0.533900 ~ t Added Ci 917.42 0.533900 _ _. _ * Total tax millage in the county is 19.5443mills while in the city the total millage is 23.7256 mills. Therefore the difference is 4.181306 mills. The current yearly ad valorem taxes are $32,741 with annexation the yearly ad valorem taxes will be $40,768.81 (32,741+8,027.81=40,768.81); a tax difference of $8,027.81 (1,718,342x4.181306/1000=7,185.01). In addition to property taxes, the following Non Ad Valorem fiscal responsibility will apply: Planning and Zoning Board Mee of 07/17106: Staff Report Bexley Park - Mnexation, FLUM . _.iendment, and Rezoning Page 9 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 developed as a multiple family complex 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. With the vacant properties, this assessment is not immediately imposed. With the submittal of a future site plan, the storm water utility tax will be assessed. Solid Waste Authority -The Barwick Road and Military Trail annexation areas are serviced under a contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's contract is currently through Waste Management. 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 Property Owners: (combined Increase) AD VALOREM TAXES 2005 + $7,185.01 City Mills. County Mill s 23.72567 - 19.54436 = 4.1813 NON AD VALOREM TAXES 2005 Stormwater Assessment $270.00 Solid Waste Collection $211.20 WATER & SEWER UTI LITY FEES $0.00 ANNUAL FINANCIAL I MPACT: + $7,666.21 Fire Response + Faster response from an estimated 5.5 minutes Coun to 2.5 minutes Ci Emergency Medical + Faster response from an estimated 5.5 Services EMS minutes Coun to 2.5 minutes Ci Police + Better response based upon more officers in field; 14 patrol) cars per shift daytime, 15 afro)) cars Burin the ni ht. Code Enforcement + Pro-active vs reactive opportunity to work with roe owners. Fiscal Impacts to the City: At the 2005/2006 City operating milage of 7.4661 mills and debt rate df 0.5339 mills, the property will generate approximately $13,746.74 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. Planning and Zoning Board Mee of 07N 7106: Staff Report Bexley Park -Mnexation, FLUM ....iendment, and Rezoning Page 10 AD VALOREM TAXES 2004 City of Delray Beach 7.4661 Mills Ci of Delra Beach Debt 0.5339 Mills $12,829.31 $917.42 SUB-TOTAL $13,746.74 NON-AD VALOREM TAXES Storm Water Utili 1 Unit $54 $0.00 SUB-TOTAL $13,746.74 PARK AND RECREATION IMPACT FEE $500 er unit $0.00 TOTAL 573,746.74 Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR 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-AAA (Single Family Residential) in part, and RM- 8 (Medium Density Residential 8 du/ac) in part, while the current County zoning designation is AR (Agricultural Residential). The surrounding zoning designations are: City OSR (Open Space Recreational) to the west; City PRD (Plan Residential Development) to the east; City PRD (Planned Residential Development) and R-t-AA to the north; and City RM (Multiple Family Residential -Medium Density) 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. Planning and Zoning Board Mee of 07N7/06: Staff Report Bexley Park -Annexation, FLUM ...nendment, and Rezoning Page 11 Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment analysis section of this report. Section 3.2.2 (Standards for Rezoning Actions): standard "A", "B", "C", 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 amendment to MD (Medium Density 5-12 du/ac) in part, LD (Low Density 0-5 du/ac) in part, is compatible with the existing land use designations in the adjacent developments and is being proposed concurrently with a request for annexation and initial zoning of R-1-AAA (Single Family Residential) in part, and RM-8 (Medium Density Residential 8 du/ac) in part. Residential developments and single family homes are allowed as a permitted use within the RM-8 and R-1-AAA District respectively. Given the adjacent development pattern it seems appropriate to recommend a land use designation of MD (Medium Density 5-12 du/ac) in part, LD (Low Density 0-5 du/ac) in part. Thus, compatibility with adjacent residential developments is not a concern. The following zoning designations and uses border the properly: Zonin Desi nation Use Plan Residential Development (PRD) and Bexley Park Subdivision and Barwick North: Single Family Residential (R-1-AA) Ranch Subdivision Multiple Family Residential -Medium Country Manors Subdivision and South: Densi RM Canal L-31 East: Plan Residential Development (PRD) Sabal Lakes Residential Developoment West: Open S ace and Recreational (OSR Bexle Park 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 PWnning and Zoning Board Mee of 07N 7106: Staff Report Bexley Park-Mnexation, FLUM .,.,iendment, and Rezoning Page 12 (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. The property is in the unincorporated area of Palm Beach County. However, it is also within the City of Delray Beach reserve annexation. The City, being the current owner of one of these parcels, is seeking annexation of this property into the City, which requires that appropriate City zoning designations be applied. The proposed amendment to MD (Medium Density 5-12 du/ac) in part, LD (Low Density 0-5 du/ac) in part Land Use Map designation and RM-8 (Residential Medium Density 0-8 du/ac) in part, and R-1-AAA (Single Family Residential) in part zoning are deemed compatible with the existing land use designations and the adjacent development pattern and zoning designations. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(D) (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 12, 2006, the Palm Beach County Planning Division was notified of the City's intent to annex this property. Response has not yet been received. Lake Worth Drainage District: On July 12, 2006, Lake Worth Drainage District was notified of the City's intent to annex this property. Response has not yet been received. IPARC Notice: 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. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: ^ Jerry Franciosa, PROD ^ Carolyn Zimmerman, Presidents Council ^ Gerald De Poe, Country Manor ^ Bruce R. Shumer, Sabal Lakes ^ Prime Management Group Inc., Sabal Lakes ^ Sal Cherch, Barvvick Ranch Estates ^ Don Klein, Barwick Estates Planning and Zoning Board Mee of 07H7/06: Staff Report Bexley Park -Annexation, FLUM ,..,rendment, and Rezoning Page'13 Public Notice: Formal public notice has been provided to property owners of the annexation parcels and 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. Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its planning and service area. The City's MD (Medium Density 5- 12 du/ac) in part, LD (Low Density 0-5 du/ac) in part, Land Use Map Designation is consistent with the County's MR-5 designation in that it is compatible with the existing land use designations and the adjacent development pattern. This Future Land Use Map designation is being proposed concurrently with a request for initial zoning of RM-8 and R-1-AAA District which are also compatible with the surrounding development pattern. 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 development of the property, park and recreation impact assessment fees will be imposed on any new residential development. The City will receive additional revenue from property taxes, in addition to storm water assessment fees utility taxes, franchise fees, and licensing fees upon development. The total immediate revenue increase is approximately $13,746.44, a year. Based upon the above, the proposed Annexation, Future Land Use Map Amendment and associated Rezoning application should be approved. A. Continue with direction. B. Move a recommendation of approval to the City Commission for: The City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 dulac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 5-8 du/ac) fora 3.18 acres parcel (owned by the City) located on the south side of 133rd Road S, 60' west of Barwick Road approximately 1,400' north of Lake Ida Road (PCN 42-46-12-00-000-3200), and A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 duJac) in part and LD (Low Density 0-5 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing four parcels and a total of 9.79 acres of land located on the west side of Barwick Road approximately 1,400' north of Lake Ida Road. 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 Planning and Zoning Board Mee of 07117/06: Staff Report Bexley Park - Mnexation, FLUM wnendment, and Rezoning Page 14 criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for: The City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 5-8 du/ac) fora 3.18 acres parcel (owned by the City) located on the south side of 133rd Road S, 60' west of Barwick Road approximately 1,400' north of Lake Ida Road (PCN 42-46-12-00-000-3200), and A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing four parcels and a total of 9.79 acres of land located on the west side of Barwick Road approximately 1,400' north of Lake Ida Road, and finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Move a recommendation of approval to the City Commission for: A City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 5-8 du/ac) fora 3.18 acres parcel (owned by the City) located on the south side of 133`d Road S, 60' west of Barwick Road approximately 1,400' north of Lake Ida Road (see map attached) PCN 42-46-12-00-000-3200); and A City initiated Annexation (via Interlocel Agreement Ordinance between Palm Beach County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing four parcels and a total of 9.79 acres of land located on the west side of Barwick Road approximately 1,400' north of Lake Ida Road (see map attached). 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. Statf Repoli Prepared by: Estelio Breto, Senior Planner z 0 2 Q z Q N a a W Y Q a T W xJ W CI i ~FT~ LL LL p .ie "N"~ t W O K O K W ., 1L N \ ~ ut a vl O J r~ . i "-"g W N x. '~ O LL? O ~ Z Q w 3 . ~. w w z : ;ti W J w J W O spa ~ : 3 LL\ LL\ O V ~ ~ D ~\I J OV 00 ul WW2 . 0 , s% v ~ V1 2 VI Z N J 3 .N- LL O LL ~ W V ~ \Q ~ N Z < V N V ` V) Yw 1O ,o~ m~ ~3 ~o3w O v.+ a.. z avlN N Nv ti VI~ N.NK ~O . iO J c LL LL c ~ LL ~ V) N W N 7 C j m U m 0 U m T L^ y ~ L ~ ~ ~ € m p T L° m 8 O m m m .mom m m m0 ~~I-y m mm m0 U~ Na ' ~ ~ C U L L m p b O ~ O ~ m 4 m V O K K ° 6m 1 O A $ O ~ L ~ r O ~ ~ to N su u ~ 3 K a o ~ o C m m ~ N tp N m M ~ ~ t00 fmD a a o o m m m m m_ M o N O O (7 m E c ~ o - 3 m D ~ {p ~ L ~ m A Q m p N u O 0 ~ J o N ~ 0 0 N E N y ~ y 3 3 a ~ ~ ~ N O T O O M in ~ ~ n °o 00 0 0 °o 0 ° 0 0 0 ° 0 ° 0 o N 0 N o N 0 N 0 V m O ~o O m < m Q m V O V V O < r m N m J ~' z SUNRISE BOULEVARD CF o ~ CLAS SICAL BOU LEVARD ~ O ~~~ SABAL LAKE ROAD BEX LE Y PARK RANCH 3 ~ ~ MA CNOLI CIR. ¢_ ~ O A m U U ~ ~ ~ U < x U ¢ R u ~ O S ~E ~ p SABAL o Q a a o 2 S J ~ Z ~ . . . ' • C`~ n CITY ; ' . . , . . ~ ~ < x v j n m PARK 7.07 AC 3.18 AC 5.00 AC ~ ~ ~ fcK mm ~" w BEX LEY ? P ~'~lF.'.'.' ' ' . OS 086 AC • S. GNOLIA CIR. CANAL L-31 O e~, O 9 'Pa O O ~ O ~ N.w. (aTH sT. 6 G yQ' ~Q- ~F LANE O O N.W. 9TH ST. 0 COUNTRY MANORS ROAD Y CF O MEADOWL O -9,p~ D VBIRD ,p= ' O CARDINAL U BARW/CK _ PARK 3 ~ ~ ' P2 a OS O LANE . 0 LANE O Q FIRE m STA. //4 LAKE I D A R O A D a CT. .w. 6TH cT. AVENUE M N FUTURE LAND USE MAP AMENDMENT PARCELS ADJACENT TO BEXLEY PARK ~_ ® PROPOSED NNRE LAND USE MAP OESICNATION: MD (MEDIUM DENSITY RESIDENTAI 5-12 DU/AC) CITY OF DELRAY BEACH, R PLANNWC k ZONING DEPARTMENT yy' PRGPOSED NNRE LAND USE NAP DESIGNATION: LD (LOW DENSIN RE9DENTIAI 0-5 DU/AC) -- O/G/TAL 645E .WP SY57EM -- MM REf: LM9J6C m a zG SUNRISE BOULEVARD CLASSICAL BOULEVARD o w 4 BEXLEY PARK RANCH SABAL LAKES ROAD Y V ~ MAGNOLIA CIR. a w z o J o fAf m • ~ 0_ a m U ~ ~ ~ RO ~ Ec' > p SABAL P ' ~ []~ Ilpll ° Q c a o J (7 •}:Ld}}};• Z ~ n i CITY a ~ ~ ~ U ~ m ~ PARK J.03 AC 7.18 AC 5.00 AC ~ m y BEXLEY P pP~ •;•;~;•;•; ~ •, w O (\^ ` '.'0.88 AC-'•' S. MAGNOLIA CIR. CANAL L-31 ~¢- ~` ~ aF ee 0 !y yy ~ N.W. 10 ST. o P ~ ~ y ~ ~ ~~!- 5 ~ LANE z O O N.W. 9TH ST. ° ~ COUNTRY MANORS ROAD RM Y O MEADOµL O 9,P~ O VBIRD ~2 CARDINAL U BARW/CK PARK o~ ~ '~ v~ ~ c O O `ANE O LANE 0 Q FIRE V m STA. 4 LAKE I D A R O A D a CT. '~ N.W. 6TH CT. AVENU M REZONING N PARCELS ADJACENT TO BEXL EY PARK ~_ ® PROPOSED 20NING: RM-B (MEGUM pENSITY RESIDENTIAL-8 UNITS PER ACRE) GTY Qi OEIRAY BEACH, R ©' PROPOSED ZONING: R-1-AM (SINGLE FAMILY RESIDENTIAL) PUNNING di ZONING DEPARTMENT -- LkC/TAL 645£ MAP SYSTEM -- MM REF: 1MB368 0 '1i CITY OF DELRAY BEACH. FLORLDA OF PUBLIC HEARING NOTICE M T .RD.Y A pHX1, N nkn ~"n ... xn ncln ~ a° ~. ueR.. N..a 1 , .I ..xR I n (v (..~Imai,n .m n (wAM.. i W r ~r lieCitYlb4.n ('i(vf1u11.IW J[tN.iaµpvn. tlwpxlwN UJiurco iwYheiyttW allq(M nrr N "W IR Avemn. lxhn. Iie.eM1 FIw:JU Mwen,M M1!mn M RU).a,".v19fU V m.. nK.nlaY W.,'MF FNe). nc.q NJVIys. 11 nuertnN ynieume m.aed nr meM nk M1[ M1avJ uflF reyen In Ow pmRKJ rn uwrceu. AN ORdNANCIi UI' TM 4'f1Y (F)MMliy(N( (li ML CITY IN' DfARAV NFACN, VIA)RfDA, AMI.RldN4T11G I V'RIRIi LAND VSLM.\P UL\I4NNYXV" Ati CUn'1'AINIU IN'IIX. COMPI[LNLN4l VL+ PLW 40.UM V lfFnA1VMTY FACIL II"IFSA lD LU (I.UW 1%NSITS' RF_SIDF.NTIAL 0.5 ULI/ACY 1]lATNG ID VI(1%YFl) IIMXR TIL YIN(:I F.IIYARIM: AIXWN(Ai YIIIX'YYY FYX( VMn1.L YCACF IANU IIYE PLAN AM1iNIM1F.N1S: ANU RIJFMi1N0 ANII MM:IN(: LAND MFC LN TI.V /l)NFl) Ci NfFT FA('XJ RfYI: TU R'I~AA 191N(i1.C FAMILY NGUVIM"IIAI l WYFRI(T: FAID LANU ~IAIM A pANCLL q' Iw MIIFH Ur 5NITw4%)U gNIIdYA N), APPXIIXI- N ` Mllll'A0.Y T0.Al1.~AG M(INF PAKHCIIIARI.Y DL'SCRUILD IIRPFJN: MATIJ.Y R501'f'fr MYi UF AMkNMNU' IAHMIN(: MAY IxU L1CH.I'UMIk1n. Mn2C113UM": MIUVIUIN4A<iL'NFRAL N l'.t[ ANU AM fl'FfA:TI VI: D.1FF_ RCPfALLR CIAl14:. A GVIN(i f1 A D MIX'HM' VF ItIF. (YlY Uf DIJAwY If (:11, fLARIM. N 412dNANCF D A L LF H)"AMI'hDIMi Y[('RVN.IwS. 'S YnIAL(V)UF: CNIV)NCW nMFNIMND DRq I:YPI.FM NANCE H "" -', SVXnk'l1 xJ fVF IV'II. Y! 1. '"I IF W:FLNFJi(:E'IV 1i%'ll(Ni 9R.M, I.ITR'A INIµAf(R.AMCNUIYG TIIF PI Nn1 TY.'4M(N1M'IY)RI TfIF H[+AL`II 1NU ]KATFMUAXINNG ANI] Al1VIA(U A NF.W YL HICLkY UN'M ' n F fv) PR( V (INN[: A <iF]i[PAL RY.PPAll0. -IiANHA[i[. YEWAGIL nND IN1D:N µTYtP: MATFNI.VLS Lln(IY0. AYAVIN4 cI.AU.YF ANU nN lil'YkCHVp.nAlti AN VKUINANIY. VF 1'NL IIfY Cl41MI5Y11Ni Uf L'rIY Vk' VY.IAAV HFA(Tl FWXIUA. Ml'PFAI.IN() Y!F'fIDN Y¢IW.'l J'FrtR M PARKS^ ANI)AMI:uUINU (:NAPITR 101,'MNKi. 1HiACNFY ANI] NH(%FA'Ul)N. DEV kYA1.PeDVIW)NS'. NY AMtiNdN4 YIJ'NUN IHl.l l."(iAXHA(iY. YF.WA(iF, IHYRWNYI1 MNl'.NIAIS'.l(1 RY UYIwRtlA(:F., INAGH. IA fTFR. SF.WwI:M1_ANI]DfXFR 1 YIF.MAT t: ALY". IITAAUNWNO Y(IULTDN 101.11(Al R)tiTRC.NG111HFN YRONIXdIONY UN µN FA('H, Mia Rf AI IUNAL FACltil'IFF ANU R!XIAf. N¢%.L ANU RY M SIIHSFA;IIUN 10116. "ADD(rlgiAl. RNd3 APPI.YIN(i TD fRV PARKC. fNACTIfF] A Nfµ' ME(MPARUN FA('1L1'rIGY AND"U1F MLMIl IVA 1. 0Y.AGH , lU PMUVII]C FOR AVgfFINVAI. RVLti•' M'HIf 111VCLLId:YAPROIHHITI4JNON 4\IOKINfi IN('[RTnW ARCAYMTHF 9EAf.IL T11ATfAN NF I:MV)PfI!U H\' ISYI.If:(] ('IVIL CfTA UI]NY IN qD(W TV (NTICP MI MFLIFS. PN4)VIUINO A CifNRMI RFPGIFRCIA V 9F.A XAVINU¢ CI.AI ISf AtiUAN FSYFCTI V [ DM L. UI(fNNANCC ()f HIF ('IN CtiMMISYH)N OF 'IHf CITV OF UFA.NAY HPACN. FIAN(IDA. ANNKKIN(1l'4> IIIC (]'I'Y OFOFL0.AV XPw(`I I, A PARCfI.OF IAND IA%'ATFD VN T11: YVITIYIUN (W IJ)¢V ROAD, 6NI f2FT WF..Yr Df HAN WICK ROAU.ANU APYRI)%I LfA1FLY I,iW F5K1' N(1R'rll Uf (AKIi lDA W)AD. AS 1111'. tiAMH IY MURN Pn 0.TIC11INtLT' DFSCRgSD II(R[ W, W111C11 I.nND 15 CUNdil:4NR1()'I'lll F%ISUNOMVMCIPN.LIMUii RLUFf1Nll:t: ltlF. H(NSn'UANIF:YOF 111E CI IV ): Yuovn.NnR) fnR n(e N DF AAm IANd. ' I ) I I P4SIUNNIIN:.- <i FVH ll1Y. %UNINai 111CRFAIF IO NM~R (MI gIIM DI X SIt Y P0.UVIDIN ACNE} IM(OVIINNU AO[NfAA1.NF.TIIALF.RCI.A1'.FI..n Sn4YNUCLAI:YE,ANDAN FFM:CIIVL IIATI wp(in .IV)Jmin Ne RY+nml bewm nlxa M9eNynleumWivJw+a MAw.w .mpNe bpsi eH.NPMn Hr la, nrJ wM~ wrn ama. m.RV ..M HmmJ...m a «+m'.s xa a,axH,.n Mm i~ N..~. wmm ..e M a mw x..DMw,.rxac¢r ckH. car uan.IW N.x'. I. .n.n .r¢.:w mw.. .A .(<m F>.a i / ~ -~ ` . . f ~ T l / T 1 r ~ ..... ,.,.. Pn I ++ I wi ~ jj ~ - t I~' , . F ~at_ a I~ ~ ~ I R i .. ~. ~ ~ o w _. _,T 1 I ~ T ~ 1 µ L O ~O ~~ ~ 0 O O ~ ~ ~ -1_. _ .1_I~ O O p O - CC , ~~T~ldw ~ ~~a _.___.__;:I `C 1