49-96 £1TY OF 13ELAI:IY BEI:I£H
DELRAY BEACH /
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-J~ericaCi~
993
CERTIFICATION
I, ALISON MacGREGOR HARTY, CitI, Clerk of the city of
Delray Beach, Florida, do hereby certify that the attached
document is a true and correct copy of Ordinance No. 49-96,
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 November 19, 1996
· /;~ WITNESS WHEREOF, I have hereunto set my hand and the
off~bial-se~% of the City of Delray Beach, Florida, on this the
27th day of~-NQvember, 1996
Alison Ma~Gre~0r ~Harty /
,
Clerk
City of Delray Beach
THE EFFORT ALWAYS MATTERS
Pn~ted on Recycled Paper
ORDINANCE NO. 49-96
AN ORDINANCE OF THE CITY CC~94/SSION OF T6E CITY
BEACM, A PARCEL OF LAND KNOWN AS THE ROSACKER PROPERTY
LOCATED (~ THE WEST SIDE OF G~T.T~4ER ROAD AT THE
INT~RS~0~ OF G~,rAGHER ROAD AND BRADY' BOULEVARD, AS
MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
OONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CIT~ TO INCLUDE SAID L~D; ~R~;IDING
FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN
O~FICiAL LAND USE D~$iG~TiON OF DU6 D~Nui?X
FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN
THE COMP~S~ PLAN; ~.~.RCTING TO PBDCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR SMAnT. SCALE LAND USE
PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO CF
(COMMUNITY FACILITIES) 'DISTRICT; PRDVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFF~IVE DATE.
WHEREAS, Arthur Rosacker, Jr. and Barbara R. Rosacker, h/s wife,
are the fee-simple owners of a 5.32 acre parcel of land located on the w~st
side of Gallagher Road at the intersection of Gallagher Road and Brady
WHEREAS, Roger G. Saberson, Esquire, as duly authorized agent for
the fee-simple owners herein_~_bove named, has requested by voluntary petition
to have the subject property annexed into the municipal limits of the City
of Delray Beach; and
WF~._~--AS, ~he subject property hereinaftez· described is contiguous
to the corporate limits of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been author/zed
to anD~x lands in accor~_~nce 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. MR-5 (Med/um Density Residential - 5 dwelling
units/acre); and
WHEREAS, the A~visory Future Land Use Map (FLUM) designation for
the subject property in the City of Delray Beach, Florida, is Low Density
Residential 0-5 dwelling units/acre; 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 zon/ng classification is part of
this proceeding, and provisions of ~_~nd Develolm~ent Regulations Chapter Two
have been followed An est_~blishing the proposed zoning designation; .arid
WHEKEAS~, pursuant to LDR Section 2.2.2 (6), the Planning and Zon/ng
Boar~ held a .public hearing and considered the subject matter at its meeting
~.~ ~tober ~", i996, and voted unanimously to recommend that the request be
approved o
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF ~.RAY 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
%0 said City to-wit:
The North Quarter (N 1/4) of the Southwest Quarter (SW
1/4) of the Northwest ~a~ter (NW 1/4) of Section 13,
Township 46 South, Range 42 East, Palm Beach county,
Florida, less the West 680.0 feet thereof.
The subject property is located on the west side of
Gallagher Road at the intersection of Gallagher Road and
Brady ~oulevard; contain/rig 5.32 acres, more or less.
Section 2. That the bouD~ies 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 ~ CiTf of Delray B~ach, Florida.
Sect/on 3. That the land herei~_~_hove described shall immediately
become subje.ct to all of the franchises, privileges, /mmunities, debts,
obligations, liabilities,, ord/nances and laws to which lands in the City of
Delray Beach are now or may be subjected, inclu~ng the Stormwater
Management Assessment levied by the City pursuant to its ordinances and as
requ~ed by Florida Statutes Chapter 197, and persons residing thereon shall
be deemed citizens of the City of Delray Beach, Florida.
- 2 - Ord. No. 49-96
I I
Sect/on 4. That this annexation of the subject property,
/ncl,_ws~ng 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 ~o current requirements and conditions.
Section 5. That the Future T~_nd Use Map designation of the
subject property is hereby officially affixed as Low Density Residential 0-5
dwell/n~ units/acre. ..
S~on 6 T~ ,,-~.~ r,.~.kv '"'~ E~-~..!r~y ~"~,'~ elects to =~ke ~.~.~-
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 Develolament Regulations
has been followed in the establishment of a zoning classification in ~his
ord/nance and the tract of land hereinabove described is hereby declared to
be /n Zon/ng District CF (Community Facilities) 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 shou/d any section or provision of th/s 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
follow, s: 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 lan~ use . plan amendment and zoning
shall be ~he date a firm/ order is issued by the' Department of Commun/ty
Affa!Ps, or the Administration Commission, finding the amendment in
compliance w/th Section 163.3184, F.S. No development orderS, develoDment
perm/ts, 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 effect/ye status, a copy
of which resolution shall be sent to the Depa,'~.ent of Community Affairs,
Bureau of Local Planning, 2740 Centerview Drive, . Tallahassee, Florida
3239~-2100.
- 3- Ord. No, 49-96
, I
PASSED AND ADOPTED in regular session on se¢oD~ and final reading
on this the 19th day of November , 1996.
First Reading November 5, 1996
Second ReaS~ng November 19, 1996
- 4 - Ord. No. 49-96
~40TO~ LINES <
_ H iG H PO I N T~
N W
SOUTHERN
~ST = A T L A N TIC A VE N U E
N
~ ~OSACK~ ANNEXATION ~ FUTURE
~.,.~.~.~., LAND USE MAP AMENDMENT
O~ ~ OCLRAY 0EACH, FL
DIVISIONS OF FLORIDA DEPARTMENT OF STATE ~NI~ HISTORIC PRESERVATION BOARDS
Office of Ihe Secretary ~ Historic Florida Keys Preservation Board
Division of Administrative Services Historic Palm Beach County Preservation Board
Division of Corporations
I)ivision Ol' Cuhural Affairs Historic Pensacola Preservation Board
Division of Elections Historic St. Augustine Preservation Board
Dix ision of Hi~loricM Resources Historic Tallahassee Preservation Board
[)ix ision of Libra~' and Inl(~rmation Services Historic Tampa/Hillsbo~ugh County.
Dix iqon of Licensing Preservation Boar~
MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE RINGLING MUSEUM OF ART
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
December 17, 1996
Ms. Alison MacGregor Harry
City Clerk
City of Delray Beach
100 Northwest 1 st Avenue
Delray Beach, Florida 33444
Dear Ms. Harty:
This will acknowledge your letter of recent date and certified copy of Ordinance No.
49-96 annexing lands into the City-of Delray Beach, which was filed in this office on
December 17, 1996.
Sincerely,
Liz Cloud, Chief
Bureau of Administrative Code
LC/mw
RECEIVED
CITY CLERK
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building 401 South Monroe Street * Tallahassee, Florida 3239943250 · (904) 488-8427
FAX: (904)488-7868 *~ WWW Address http://www.dos.state.fl.us · E-Mail: election@mail.dos.state.fl, us
[IT¥ I)F DELRI:I¥ BEI:IrH
DELRAY BEACH
~ 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 - 4071243-7000
1993
TO: DISTRIBUTION LIST
FROM: JEFF COSTELLO, SENIOR PLANNER
SUBJECT: ROSACKER ANNEXATION
DATE: NOVEMBER 26, 1996
At its meeting of November 19, 1996, the City Commission approved on second
and final reading an ordinance annexing a 5.32 acre property known as the
Rosacker 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
ANNEXATION BRIEF FOR THE ROSACKER PROPERTY
Property_ Control Number: 00-42-46-13-00-000-3080
Acreage; 5.32 Acres
Number of
Buildings
Taxable Valve; On-Site:
$513,000.00 1
Pro_iected Population Increase: -2-
Owner's Address: ProPerty Address:
Arthur Rosacker, Jr. & 14281 Gallagher Road
Barbara R. Rosacker Delray Beach, FL 33445
14281 Gallagher Road
Delray Beach, FL 33445
County. Land Use Designation: MR-5 (Medium Density Residential- 5 du/ac)
City_ Land Use Designation: Low Density Residential (0-5 du/ac)
City Zoning Designation; CF (Community Facilities)
Current Use of Property; Single family residence
MOTOR LINES ~
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END
PLAZA
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K-MAR T SQUARE
PLAZA
PU.~LIX
ALLIANCE
CHURCH
.~s~RN i.u~,~I
WEST " A T L A N T I C A V E N U E
I I I I
N ROSACKER ANNEXATION &:: FUTURE
,.,~..,.~o~.^.~,~., LAND USE MAP AMENDMENT
OT¥ 0~' D~:LRAY 0~AC14. FL .. , I I
OlClrAt. ~ ktAP SY'5[£M -~ ~P R£r: LUl02
ORDINANCE NO. 49-96
AN ORDINANCE OF THE CITY COMMISSI~ OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PARCEL OF LAND KNOWN AS THE ROSACKER PROPERTY
LOCATED O~ -THE WEST SIDE OF G~T,~'~ER ~ AT THE
MORE PARTICUIARLY DESCRIBED HEREIN, WHICH LAND IS
OONTI~S TO EXISTING MUNICIPAL LIMITS; REDEFINING THE
BOUNDARI~ OF THE CITY TO INCLUDE SAID LAND; PROVIDING
FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN
OFFICIAL LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL
FOR SAID LAND TO THE ~ LAND USE MAP AS C(INTAINED IN
SINGLE HEARING ADOPTION PROCESS FOR SMA?.?. SCALE LAND USE
PLAN ~~TS; PROVIDING FOR THE ZONING ~EREOF TO CF
(COMMUNITY FACILITIES) DISTRICT; PROVIDING A GENERAL
REPE~T.w.R CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Arthur Rosacker, Jr. and Barbara R. Rosacker, his wife,
are the fee-simple owners of a 5.32 acre parcel of land located on the west
side of Gallagher Road at the intersection of Gallagher Road and Brady
WHEREAS, Roger G. Saberson, Esqu/re, as duly authorized agent for
the fee-simple owners hereiD_~_hove named, has requested by voluntary petition
to have the subject property annexed into the municipal limits of the City
of De]ray Beach; and
WHEREAS, the subject property hereinafter described is contiguous
to the corporate limits of the City of Delray Beach, Florida; an~
WHEREAS, the City of Delray Beach has heretofore been authorized
to annex lands in accord_ance 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
?~nd Use Map designation of MR-5 (Medium Density Residential - 5 dwelling
units/acre); and
WHEREAS, the Advisory Future T~nd Use Map (FLUM) designation for
the subject property in the City of Delray Beach, Florida, is Low Density
Residential 0-5 dwelling un/ts/acre; 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 October 21, 1996, and voted unan/mously to recommend that the request be
approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI~ OF THE CITY
OF D~.RAY 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 North O3arter (N 1/4) of the Southwest O~a~ter (SW
1/4) of the Northwest Quarter (NW 1/4) of Section 13,
Township 46 South, Range 42 East, Palm Beach County,
Florida, less the West 680.0 feet thereof.
The subject property is located on the west side of
C~!lagher Road at the intersection of Gallagher Road and
Brady Boulevard; containing 5.32 acres, more or less.
Section 2. That the bour~a~ies 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
bec~me 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 ord/nances 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. 49-96
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 Low Density Residential 0-5
dwell/rig 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. ~nat Chapter Two of the ~and Develoi~ent 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 CF (Community Facilities) as defined by existing
orS~nances 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 w~rd 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 Depa~h,ent of Community
Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development
permits, or land uses dependent on this amendment may be issued or commence
before it has become effective. If a final order of 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.
- 3 - Ord. No. 49-96
PASSED AND ADOPTED in regular session on second and final reading
on eh~s the 19th day of November , 1996.
City' dle~k '
First Reading November 5, 1996
Second Reading November 19, 19 9 6
- 4 - Ord. No. 49-96
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END
K-MAR T ~ DELRA Y
~ PLAZA
~ST [ A T L A N TI C A V E N U E
N
~ ROSACKER ANNEXATION & FUTURE
~..,.~0~...~., LAND USE MAP AMENDMENT
~ ~ DELRAY BEACH.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # ~0.~. - REGULAR MEETING OF NOVEMBER 19, 1996
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 49-96
(ANNEXATION, INITIAL ZONING AND SMALL SCALE FUTURE LAND USE MAP
AMENDMENT FOR THE ROSACKER PRDPERTY)
DATE: NOVEMBER 14, 1996
This is second reading and a quasi-judicial public hearing for Ordinance
No. 49-96 which annexes a 5.32 acre parcel of land known as the Rosacker
property located on the west side of Gallagher Road, at the intersection of
Gallagher Road and Brady Boulevard. The ordinance establishes initial
zoning of CF (Community Facilities) District and provides for a small scale
land use plan amendment to change from the County's designation of MR-5
(Medium Density Residential - 5 dwelling units/acre) to an official City
designation of Low Density Residential 0-5 dwelling units/acre.
The property contains an existing single family residence with a tennis
court and a swimming pool. The accompanying development proposal is to
establish a religious retreat which involves conversion of the existing
structure and three building additions to house up to 47 individuals along
with associated parking and landscaping improvements. The retreat will be
a place where people can pray, receive religious instruction, study,
meditate and rest. The spiritual activities will be entrusted to Opus Del,
a Prelature of the Catholic Church.
The Planning and Zoning Board considered this matter at public hearing on
October 21, 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 Development Regulations, policies of
the Comprehensive Plan, and LDR Section 2.4.5 (D) (5). At first reading on
November 5, 1996, the commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 49-96 on second and final reading,
based upon the findings and recommendation of the Planning and Zoning
Board.
ref: agmemo9
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (.~/(
SUBJECT: AGENDA ITEM # /~ - REGULAR MEETING OF NOVEMBER 5, 1996
FIRST READING FOR ORDINANCE NO. 49-96 (ANNEXATION, INITIAL ZONING
AND SMALL SCALE FUTURE LAND USE MAP AMENDMENT FOR THE ROSACKER
PROPERTY)
DATE: NOVEMBER 1, 1996
This is first reading for Ordinance No. 49-96 which annexes a 5.32 acre
parcel of land known as the Rosacker property located on the west side of
Gallagher Road, at the intersection of Gallagher RDad and Brady Boulevard.
The ordinance establishes initial zoning of CF (Community Facilities)
District and provides for a small scale land use plan amendment to change
from the County's designation of MR-5 (Medium Density Residential - 5
dwelling units/acre) to an official City designation of Low Density
Residential 0-5 dwelling units/acre.
The property contains an existing single family residence with a tennis
court and a swimming pool. The accompanying development proposal is to
establish a religious retreat which involves conversion of the existing
structure and three building additions to house up to 47 individuals along
with associated parking and landscaping improvements. The retreat will be
a place where people can pray, receive religious instruction, study,
meditate and rest. The spiritual activities will be entrusted to Opus Del,
a Prelature of the Catholic Church.
The Planning and Zoning Board considered this matter at public hearing on
October 21, 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 Development Regulations, policies of
the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
R~commend approval of Ordinance No. 49-96 on first reading, based upon the
findings and recommendation of the Planning and Zoning Board. If passed, a
quasi-judicial hearing will be scheduled for November 19, 1996.
ref: agmemo9
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~ N~~
DIANE D MI GUEZ,=,n,=,.,TOR~
DEPARTMEN~T OF PLANNING AND ZONING
FROM:~
/~S~NI~OR PLANNER
SUBJECT: MEETING OF NOVEMBER 5, 1996
ANNEXATION. SMALL-SCALE FUTURE LAND USE MAP
AMENDMENT FROM COUNTY MR-5 (MEDIUM DENSITY
RESIDENTIAL - 5 DU/AC) TO CITY LOW DENSITY
RI~$1DENTIAL 0-5 UNITS PER ACRE. AND INITIAL ZONING OF
CF (COMMUNITY FACILITIES) FOR A PARCEL OF LAND
LOCATED ON THE WEST SIDE OF GALLAGHER ROAD. AT
THE INTERSECTION OF GALLAGHER ROAD AND BRADY
BOULEVARD (ROSACKER PROPERTY).
The action requested of the City Commission is that of approval on
first reading of an ordinance annexing a 5.32 acre parcel of land,
changing the Future Land Use Map designation from County MR-5
to City Low Density Residential 0-5 units per acre, and applying an
initial zoning designation of CF (Community Facilities).
The subject property is located on the west side of Gallagher Road,
at the intersection of Gallagher Road and Brady Boulevard.
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 contains an existing single family
residence with a tennis court and a swimming pool.
City Commission Documentation
Meeting of November 5, 1996
Annexation, Small-Scale FLUM Amendment with initial zoning of CF
Page 2
The subject property is a 5.32 acre parcel having a County Future Land Use Map
designation of MR-5 (Medium Density Residential - 5 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 Low Density
residential 0-5 du/ac, and apply an initial zoning designation of CF (Community
Facilities). The accompanying development proposal is to establish a religious
retreat which involves conversion of the existing structure and three building
additions to house up to 47 individuals along with associated parking and
landscaping improvements. The retreat will be a place where people can pray,
receive religious instruction, study, meditate and rest. The spiritual activities at
the retreat will be entrusted to Opus Del, a Prelature of the Catholic Church.
Instruction will also include ethics, cultural education, parenting skills, family
values, personal habits and virtues.
Additional background and an analysis of the request is found in the attached
Planning and Zoning Board Staff Report.
At its meeting of October 21, 1996, the Planning and Zoning Board held a public
hearing in conjunction with review of the requests. There was only public
testimony supporting the annexation, land use map amendment and initial
zoning. 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 MR-5 to City Low Density Residential 0-5 units per
acre, and applying an initial zoning designation of CF (Community Facilities),
based upon the findings and recommendation by the Planning and Zoning
Board, and setting a public hearing date of November 19, 1996.
Attachments:
P & Z Staff Report and Documentation of October 21, 1996
Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: October21, 1996
AGENDA ITEM: ~V.B.
ITEM: Future Land Use Map Amendment from County MR-5 (Medium Density
Residential-5 units/acre) to City Low Density Residential 0-5 units/acre, and
Annexation with initial zoning of CF (Community Facilities) for' the Rosacker
property, located on the west side of Gallagher Road at the intemection of
Gallagher Road and Brady Boulevard.
GENERAL DATA:
Owner ............................................ Arthur & Barbara Rosacker
Applicant ........................................ Roseaire Retreat, Inc.
Agent ............................................. Roger Saberson / James
Johnson
Location ......................................... West side of Gallagher
Road at the intersection
of Gallagher Road and
Brady Boulevard.
Property Size ................................. 5.32 Acres
Existing Future Land Use Map ...... County Medium Density
Residential - 5 du/ac
Proposed Future Land Use Map.. City Low Density
Residential 0-5 du/ac
Current Zoning .............................. County AR (Agricultural
Residential)
Proposed Zoning ........................... City CF (Community
Facilities)
Adjacent Zoning ................... North: SAD (Special Activities
District), RM (Medium
Density Residential)
East: County RS (Single Family
Residential)
South: R-1-A (Single Family
Residential)
West: CF
Existing Land Use ........................ Single Family Residence
Proposed Land Use ....................... Annexation and Future Land Use
Map Amendment of the property
to accommodate a religious
retreat.
Water Service ................................ Available via extension of the
the existing 8" water main,
within N.W. 2nd Street.
Sewer Service ............................... Available via connection to an
existing 8' sewer main within
N.W. 2nd Street.
The item before the Board is that of making a recommendation on
a Voluntary Annexation (pursuant to Florida Statute 171.044), and
a 8mall-Scale Future Land Use Map amendment from County MR-
5 (Medium Density Residential - 5 units per acre) to City Low
Density Residential 0-5 units per acre with initial zoning of CF
(Community Facilities).
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 Gallagher Road,
at the intersection of Gallagher Road and Brady Boulevard, and
contains 5.32 acres.
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 contains an existing single family
residence with a tennis court and a swimming pool. No land use history is
available on this property.
On September 6, 1996, requests for annexation, Future Land Use Map
amendment and initial zoning were submitted, and are now before the Board for
action.
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The sub]em property is a 5.32 acre parcel having a County Future Land Use Map
designation of MR-5 (Medium Density Residential - 5 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 Low Density
residential 0-5 du/ac, and apply an initial zoning designation of CF (Community
Facilities). The accompanying development proposal is to establish a religious
retreat which involves conversion of the existing structure and three building
additions to house up to 47 individuals along with associated parking and
landscaping improvements. The retreat will be a place where people can pray,
receive religious instruction, study, meditate and rest. The spiritual activities at
the retreat will be entrusted to Opus Del, a Prelature of the Catholic Church.
Instruction will also include ethics, cultural education, parenting skills, family
values, personal habits and virtues.
Planning and Zoning Board Staff report
Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map
Amendment
Page 2
Current Land Use Designations: The current County Future Land Use Map
designation for the property is County MR-5 (Medium Density Residential - 5
du/ac). The current City "advisory" designation for this property is Low Density
Residential 0-5 du/ac.
Requested Land Use Designation: The requested Future Land Use Map
change is to City Low Density Residential 0-5 du/ac.
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;
C3 The cumulative effect of the amendments processed under this section shall
not exceed 60 acres annually; and,
I~ The proposed amendment does not involve the same property owner's
property within 200 feet of property granted a change within a period of 12
months.
The Future Land Use Map amendment involves a 5.32 acre area, thus the total
area is less than the 10 acre maximum. The proposed amendment to Low
Density Residential 0-5 du/ac is being processed concurrently with a request for
annexation and initial zoning of CF (Community Facilities) to accommodate a
religious retreat. The Low Density land use designation is consistent with zoning
districts which include single family and Iow density 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
Rosacker Property - Annexation with Initial Zoning of CF 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, the zoning designation must be consistent
with the land use designation as shown on the Future Land Use Map.
The accompanying annexation and initial zoning application is seeking a CF
(Community Facilities) zoning district. The proposed CF (Community Facilities)
zoning designation is deemed consistent with all Future Land Use .Map
designations, including the proposed Low Density Residential 0-5 du/ac land use
designation. The proposed use (religious retreat) is allowed as a permitted use
within the CF zoning district.
Consisterlcy between the City_ and County_ Land Use Designations:
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. The proposed City Future Land Use Map designation for the
property is Low Density Residential 0-5 du/ac, which is the current "advisory"
designation. The City's Low Density Residential designation is consistent with
the existing County designation of MR-5 (Medium Density Residential - 5 units
per acre). Upon annexation, only the City's FLUM designation will apply.
Adjacent Land Use Map Designations, Zoning Designations & Land Uses;
North: North of the subject property has City Future Land Use Map designations
of Medium Density Residential 5-12 du/ac and Transitional and zoning
designations of RM (Medium Density Residential) in part, and SAD (Special
Activities District), in part. The existing land uses include a portion of the High
Point West condominium development with a density of 10 units per acre (RM),
and the Hudson's Self-Storage, Inc./Extra Closet self-storage facility (SAD).
South: The abutting property to the south has a City Low Density Residential 0-5
du/ac land use designation and is zoned R-1-A (Single Family Residential). The
existing land use is a single family subdivision known as Lee's Crossing, which is
currently under construction.
East: East of the property, has a Palm Beach County MR-5 (Medium Density
Residential - 5 du/ac) land use designation and is zoned RS (Single Family
Residential). The existing use is the Kingsland Pines single family subdivision.
Planning and Zoning Board Staff report
Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map
Amendment
Page 4
West: West of the subject property has a City Community Facilities - Public
Buildings land use designation and is zoned CF (Community Facilities). The
existing use of the property is a U.S. Post Office.
Allowable Land Uses:
Under the proposed Low Density Residential 0-5 du/ac Future Land Use Map
designation, residential zoning districts which accommodate single family and
Iow density multiple family units (R-1-A thru R-l-AAA, RL, and PRD) are allowed.
In addition, zoning designations of Community Facilities, Open Space, and Open
Space and Recreation are also deemed consistent. The applicant has
requested an initial zoning designation of CF (Community Facilities) which 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 Low Density Residential 0-5 du/ac land use designation is applied to
land which is developed, or is to be developed at a density of 5 units per acre or
less. Such land is usually developed for single family purposes although mixed
residential uses may occur under a planned residential zoning district.
Homeownership is a characteristic of this designation. Where this designation
exists, uses other than Iow density residential, should not be considered. While
the proposed use is not technically Iow density residential, it is residential in
character and impact. Compatibility with the abutting residential developments
(High Point, Kingsland Pines, Lee's Crossing) is not a major concern and there
are sufficient regulations in place which will mitigate any potential adverse
impacts. Compatibility of the proposed CF zoning designation and use are
further addressed elsewhere in the report.
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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".
Planning and Zoning Board Staff report
Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map
Amendment
Page 5
[3 The property is contiguous with the City, reasonably compact, and its
annexation will not create an enclave. Annexation of this property results in
the reduction of an existing enclave.
Land Development Regulations Governing Annexations:
Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) '~the owner
of land may seek the annexation of contiguous property, under his 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. 4" on the east side of Military Trail north 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 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 Policy B-3.1). The following is a
discussion of required services and the manner in which they will be provided.
Police: This property is currently serviced by the Palm Beach County Sheriff's
Office, located at 345 South Congress, which serves the South County area.
The property lies within Sheriff patrol zone 4. Zone 4 is bordered by El Clair
Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the
north, and Atlantic Avenue to the south, One officer is assigned to a particular
zone during a shift (three shifts per day). 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).
Planning and Zoning Board Staff report
Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map
Amendment
Page 6
With annexation, the property will receive an improvement in response time from
the current 6.0 minutes of the County's Fire Department (Fire Station #42/Hagen
Ranch Road near the Turnpike) to approximately 2.0 minutes for the City's Fire
Department (Fire Station #4 at Barwick and Lake Ida Roads).
Water: Municipal water service does not currently exist to the site. Municipal
water service is available via extension of the existing 8" water main within N.W.
2nd Street (High Point Section 7). Along the new main, fire hydrants must be
installed with a maximum spacing of 500 feet. Also, provisions for future
extensions and looping of the main 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: The existing single family use utilizes a septic system. Sewer service
may be available via connection to the existing 8" sewer main within N.W. 2nd
Street (High Point Section 7). 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 Gallagher Road and Brady
Boulevard, which are 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 Low Density Residential (26 single family units)
generating a total of 260 average daily trips. This is a '~vorst case" scenario, as
the proposed development is a religious retreat which will generate 115 average
daily trips. The traffic study is currently being reviewed by the Palm Beach
County Traffic Division. There is adequate capacity on the adjacent roadway
network to accommodate the trips generated by the proposed use. Thus, there
are no problems anticipated meeting traffic concurrency.
Parks and Open Space: The annexation of the property as a religious retreat
will not create an additional impact on park and recreational facilities. If the
property is developed for residential purposes, a parks and recreation impact fee
of $500 per unit would be assessed at the time of building permit.
Solid Waste: As there is no change in actual land use at this time, there will be
no impact on solid waste disposal. The service provider will remain the same, as
described later in this report. The proposed religious retreat use is contemplated
to generate less waste than development of single family homes under the
current and proposed Future Land Use Map designations.
Planning and Zoning Board Staff report
Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use' Map
Amendment
Page 7
Financial Impacts:
Effect Upon Annexed Pro.oerty_:
For the 1995 tax year the Rosacker property had an assessed value of
$513,000.00. A homestead exemption of $25,000.00 has been granted for the
property. After the above exemption, the current taxable value of the property is
$488,000.00. With the change from County to City jurisdiction, the following
taxes and rates will be affected:
Ad Valorem Taxes Millage With Annexation
Fire/Rescue MSTU 2.5293 Deleted (County)
Library .4838 Deleted (County)
City Of Delray Beach 6.9500 Added (City)
City of Delray Beach Debt 0.9000 Added (City)
4.8369 Difference*
* Total tax millage in the County is 19.8142 mills while in the City the total
millage rate is 24.6511 mills.
The current yearly ad valorem taxes are $9,669.32. With annexation the yearly
ad valorem taxes would normally be $11,822.82; a tax difference of $2,153.50.
However, as churches are tax exempt, the City will not receive ad valorem taxes.
In addition to property taxes, the following is provided with'regard to Non Ad
Valorem taxes:
Delray Beach Storm Water Utility - This assessment is based upon the
percentage of impervious area of the buildings, parking areas, etc., however,
churches are exempt from the stormwater assessment. If the property is not
purchased by the church and remains residential or is subdivided for residential
purposes, an a assessment of $54.00 per unit would be applied. It is noted that
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 contains a single family use, this
assessment would be imposed in the amount of approximately $40.50.
Solid Waste Authority - The Military Trail annexation areas are currently
serviced by BFI (Browning-Eerris Industries) which is also the current City
provider.
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.
Planning and Zoning Board Staff report
Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map
Amendment
Page 8
Resulting Impacts to Property Owner:
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES $ .00
(Change from 95~96 County of 19.8142
to City 94/95 rate 24.6511 mills.(4.8369)
NON AD VALOREM
Stormwater Assessment $ .00
WATER & SEWER UTILITY FEES * $384.00
OCCUPATIONAL LICENSE FEES $ .00
ANNUAL FINANCIAL IMPACT: $384.00
· Water and Sewer fees will increase with consumption.
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time from (estimated time)
6.0 minutes (County) to 2.0 minutes (City)
EMS + Faster response time from (estimated time)
6.0 minutes (County) to 2.0 minutes (City)
POLICE + Better response based upon more officers
in field.
CODE ENFORCEMENT + Pro-active vs reactive opportunity to work
with property owners
Fiscal Impacts to the City_: At the 1996 City operating millage rate of 6.95 mills
and debt rate of 0.90 mills, the property would normally generate approximately
Planning and Zoning Board Staff report
Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map
Amendment
Page 9
$3,855.20 in new ad valorem taxes per year. However, as the development
proposal is to establish a religious retreat, no additional revenues will be realized
through increased assessment value, 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. Revenue would be generated
however, from building permit and inspection fees, and water and sewer rates.
While the minimum water and sewer rate is $384.00 per year, the rate will
increase with consumption.
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The proposed initial City zoning designation is CF (Community Facilities) while
the current County zoning designation is AR (Agricultural Residential).
The surrounding zoning designations are: City RM (Medium Density Residential)
and SAD (Special Activities District) to the north; City R-1-A (Single Family
Residential) to the south; County RS (Single Family Residential) to the east; and,
City CF to the west.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the Staff Report or Minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas:
FUTURE LAND USE MAP: The use or structures must be allowed in the
zoning district and the zoning district must be consistent with the land use
designation.
The proposed CF zoning designation is consistent with the proposed Low
Density Residential 0-5 du/ac land use designation. The proposed CF
(Community Facilities) zoning designation is deemed consistent with all Future
Land Use Map designations, including the proposed Low Density Residential 0-5
du/ac land use designation. Pursuant to LDR Section 4.4.21(A)(Purpose and
Intent), the CF zone district is. a special purpose zone district primarily intended
for locations at which facilities are provided to serve public, semi-public, and
pdvate purposes. The proposed religious retreat is allowed as a permitted use
within the CF zone district. Based upon the above, a positive finding can be
made with respect to consistency with the Future Land Use Map.
Planning and Zoning Board Staff report
Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map
Amendment
Page 10
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 land containing a single family use.
There will be no changes in the manner that water, sewer, drainage,
streets/traffic and solid waste services will be provided. Fire, EMS and Police will
shift to a different provider, however, all of these services will be equal to or
better than existing services (see annexation analysis for details).
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The subject property contains an existing single family residence along with a
tennis court and swimming pool. A site visit was conducted and did not reveal
and any code violations. 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.
Comprehensive Plan Policies:
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and the following applicable objective has been identified.
Conservation Elerrlellt Policy B-2.2: Whenever and wherever significant or
sensitive flora and fauna communities are identified pursuant to Policy B-
2.1, they shall be preserved as if the were environmentally sensitive areas
as identified in Objective B-1.
It is noted that a tree survey has been submitted which identifies a variety of tree
species which are worthy of preserving or relocating. With a site plan submittal a
Biological Assessment of the _site must be submitted. The study must address
any federal or state listed protected species of flora or fauna. Based upon the
tree survey mitigation measures may need to be taken to preserve the existing
trees. This item will be further reviewed at the time of site and development plan
review.
Planning and Zoning Board Staff report
Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map
Amendment
Page 11
[.and Use Element Objective A-l: Vacant property shall be developed in a
manner so that the future use and intensity is appropriate in terms of soil,
topographic, and other applicable physical considerations, is
complementary to adjacent uses, and fulfills remaining land use needs.
The subject property contains a variety of mature trees. With future
development, mitigation measures must be taken to preserve a portion of the
trees. By preserving the existing trees and structure, and requiring future
building additions to provide a residential character, the property can be
developed in a manner that will be complementary to the adjacent residential
area. Further, the project will retain a quaint and rural setting which would
otherwise be removed to accommodate a new single family subdivision.
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 north (High Point
West) and east (Kingsland Pines) are noted as Stable residential. The
rezoning is required in conjunction with the annexation request. The
proposed zoning designation is not a designation other'than CF, thus, this
standard has been met.
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 CF zoning designation will accommodate the proposed religious
retreat as a permitted use. Compatibility of the proposed use is not a
major concern as the use will be residential in character and there are
existing regulations that will mitigate any potential adverse impacts. It is
noted however, that while the proposed use may be appropriate, other
permitted and conditiohal uses within the CF zone district may not be
appropriate. These other uses are commercial in character and would not
be appropriate interior to a residential neighborhood, where access
requires travel through the residential neighborhood. Further, other uses
have various components which are not appropriate in a residential area.
Planning and Zoning Board Staff report
Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map
Amendment
Page 12
Thus, if the religious retreat is not established, it is appropriate for the
property to be rezoned to a residential designation.
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:
That the zoning had previously been changed, or was originally
established, in error;
· That there has been a change in circumstances which make the
current zoning inappropriate;
· 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:
'q'he applicant is applying for annexation of this property into the City.
The annexation requires that the applicant apply for an appropriate zoning
designation. The CF is being sought as it is consistent with the proposed
City Low Density Residential 0-5 du/ac land use designation, and
accommodates the proposed use of a religious retreat."
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. As the property is
being annexed into the City, the existing AR zoning is inappropriate. The
requested zoning is of similar intensity as that allowed under the proposed City
Low Density Residential FLUM designation. Thus, the CF zoning is more
appropriate given the proposed use of the property as a religious retreat.
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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).
Planning and Zoning Board Staff report
Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map
Amendment
Page 13
Palm Beach County Notice:
On September 23, 1996 the Palm Beach County Planning Division was notified
of the City's intent to annex this property. Palm Beach County has submitted a
response stating that it has no objection to the annexation request.
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:
[3 High Point Sections 1-7
12i Kingsland Pines Ad Hoc Committee
121 PROD (Progressive Residents of Delray)
[3 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 Low Density Residential 0-5 du/ac Future Land Use Map designation
is of the same intensity as the current County MR-5 land use designation. The
application of an initial zoning designation of CF is consistent with the proposed
land use designation and use of the property as a religious retreat.
The annexation will provide the property with better Police, Fire, EMS and Code
Enforcement services. With ownership of the property by a religious group, the
parcel will be exempt from Upon development of the property as a religious
retreat, ad valorem taxes, stormwater assessment fees, franchise fees, and
utility taxes. However, additional revenues would be generated from building
permit and inspection fees, and water and sewer rates.
Planning and Zoning Board Staff report
Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map
Amendment
Page 14
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 during review of a site and
development plan request.
A. Continue with direction.
B. Recommend approval of the Annexation, Small-Scale Future Land. Use
Map amendment from County MR-5 to City Low Density Residential 0-5
du/ac and initial zoning designation of CF (Community Facilities).
C. Recommend denial of the Annexation, Small-Scale Future Land Use Map
amendment from County MR-5 to City Low Density Residential 0-5 du/ac
and initial zoning designation of CF (Community Facilities) with the basis
stated.
~.<:.'.~ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: i:~::: ::::i:' !:~: ":~: ":-':.';:.~:i ..i:! ":i:i .::~' '~:! :i:i :i:i ".:::: :i:~ ~i.::: '~:.::.: '-~:i ::: ::: ' :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Recommend approval of this Annexation, Small-Scale Future Land Use Map
amendment from County MR-5 to City Low Density Residential 0-5 du/ac and
initial zoning designation of CF (Community Facilities) 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:
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
properties within the City.
Attachments:
I~1 Location Map
I~! Survey
This Report prepared by: Jeff Costello. Senior Planner
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF ANNEXATION AND ZONING
· ORDINANCE NO. 49-96
The City Commission of the City o! Delray Beach will hold a PUBLIC HEARING
ON THE FOLLOWING PROPOSED ORDINANCE ON TUESDAY. NOVEMBER
19. 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, Delrey Beach, Florida, at which time the City Commission will consider
its adoption. The ordinance will be reed by title only and al! persons interested
will be given the opportunity to be heard.
ORDINANCE NO. 49-96
AN ORDINANCE OFTHE CITY COMMISSION OF THE CITY'OF
DELRAY BEACH, FLORIDA, ANNEXING TO.THE CITY OF DEL-
RAY BEACH, A PARCEL OF LAND KNOWN AS THE ROSACKER
PROPERTY LOCATED ON THE WEST SIDE OF GALLAGHER
ROAD AT THE INTERSECTION OF GALLAGHER ROAD AND
BRADY BOULEVARD, AS MO[:iE 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 OF LOW DENSITY RESIDENTIAL 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 CF (COMMUNITY FACILITIES) DISTRICT; PROVID-
ING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE PROP-
ERTY TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIP-
TION 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.
· ~... _. . ,;~;, :,G,' '- ....
~ LAND USE MAP AMENDMENT
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,
Delrey 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 evi-
dence upon which the appeal is to be based. The City does not provide nor pre-
pare such record. Pursuant to ES. 285.0105.
PUBLISH: THE NEWS CITY OF DELRAY BEACH
November 15, 1996 Alison MacGregor Harty
Ad #717839 City Clerk
CITY OF DELRAY BEACH~ FLORIDA
NOTICE OF ANNEXATION AND ZONING
ORDINANCE NO. 49-96
The City Commission of the City of Delray Beach will hold a PUBLIC HEARING
ON THE FOLLOWING PROPOSED ORDINANCE ON TUESDAY, NOVEMBER 19~ 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. 49-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL
OF LAND KNOWN AS THE ROSACKER PROPERTY LOCATED ON THE WEST SIDE
OF GALLAGHER ROAD AT THE INTERSECTION OF GALLAGHER ROAD AND
BRADY BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND
USE DESIGNATION OF LOW DENSITY RESIDENTIAL FOR SAID LAND TO THE
FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN;
ELECTING TO PRDCEED UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SM~LL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE
ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT; 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 LOT AND
SUBDMSION AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE HEREINABOVE
NAMED CAN BE OBTAINED FRDM THE OFFICE OF THE CITY CLERK, CITY HALL, 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
November 15, 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. Tb~nk you.
ref: anexad2
ROSACKER ANNEXATION & FUTURE
LAND USE MAP AUENDMENT
'CITY OF DELRAY BEACH, FLORIDA
NOTICE OF ANNEXATION AND ZONING
ORDINANCE NO. 49-96
LOWING PROPOSED ORDINANCE ON TUESDAY. NOYEMBER 19. 19~6. 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. 1 st Avenue, Delra¥ 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. 49-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
KNOWN AS THE ROSACKER PROPERTY LOCATED ON THE WEST SIDE OF GAL-
LAGHER ROAD AT THE INTERSECTION OF GALLAGHER ROAD AND BRADY
BOULEVARD, 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 OBLI-
GATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF
LOW DENSITY RESIDENTIAL 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 CF (COMMUNITY
FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Arthur Rosacker, Jr. and Barbara R. Rosacker, his wife, are the fee-simple owners
of a 5.32 acre parcel of land located on the west side of Gallagher Road at the intersection of
Gallagher Road and Brady Boulevard; and
WHEREAS, Roger G. Saberson, Esquire, 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 Deiray Beach, .Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accor-
dance with Section 171.044 of the Florida Statutes; and
WHEREA~, the subject property hereinafter described is presently under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map designation of MR-5 (Medium
Density Residential - 5 dwelling units/acre); and
WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the subject property in
the City of Delray Beach, Florida, is Low Density Residential 0-5 dwelling units/acre; 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 October 21, 1996, and voted unani-
mously to recommend that the request be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEL-
RAY BEACH, FLORIDA, AS FOLLOWS:
~;ection 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 ties contiguous to said City to-wit:
The North Quarter (N 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter
(NW 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida,
less the West 680.0 feet thereof.
The subject property is located on the west side of Galiagher Road at the intersection of
Gallagher Road and Brady Boulevard; containing 5.32 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 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 Detray Beach,
Florida.
Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the
like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such
roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
~ection 5. That the Future Land Use Map designation of the subject property is hereby officially
affixed as Low Density Residential 0-5 dwelling units/acre.
Section 6. That the City of Delray Beach elects to make this small scale amendment by having
only an adoption he{~ring, 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 th~s ordinance and the tract of land hereinabove
described is he~'eby declared to be in Zoning District CF (Community Facilities) as defined by exist-
ing ordinances of the City of Delray Beach.
Section I~. 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, immedi-
ately 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), ES. If chal-
lenged, 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, ES. No development orders, development per-
mits, 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 PROPERTY TO BE
ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND SUBDIVI-
SION 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.
~_ ~. ~-I ,-,I I I
'~' ~_ .,,,.. , l I I II1'11 ill
=.1 .
This notice is published as required by State law and Section 2.03(b) of the City Charter of the City
of Delray Beach. The proposed ordinance may be inspected at the Office of the City Clerk at City
Hall, 100 N.W. 1st Avenue, Delrey Beach, Florida, between the hours of 8:00 a.m. and 5:00 p.m.,
Monday threugh 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 provid, e nor prepare such record. Pursuant to F.S. 285.0105.
PUBLISH: THE NEWS CITY OF DELRAY BEACH
November 8, 1996 Alison MacGregor Harry
Ad//731399 City Clerk
~,,~ I I II 9~i I
FUTURE LAND USE MAP AS CONTAINED IN THE COMP~SIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMALL SCAT.~ LAND USE PLAN AMENDMENTS; PROVIDING FOR THE
ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT; PROVIDING
A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
WHEREAS, Arthur Rosacker, Jr. and Barbara R. ~osacker, his wife, are
the fee-simple owners of a 5.32 acre parcel of land located on the west
side of Gallagher Road at the intersection of Gallagher Road and Brady
Boulevard; and
WHEREAS, Roger G. Saberson, Esquire, 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 accordance with Section 171. 044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under
the jurisdiction of Palm Beach County, Florida, having a County Future Land
Use Map designation of MR-5 (Medium Density Residential - 5 dwelling
units/acre); and
WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the
subject property in the City of Delray Beach, Florida, is Low Density
Residential 0-5 dwelling units/acre; 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 October 21, 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 North ~rter (N 1/4) of the Southwest Quarter (SW 1/4) of
the Northwest Quarter (NW 1/4) of Section 13, Township 46
South, Range 42 East, Palm Beach County, Florida, less the West
680.0 feet thereof.
The subject property is located on the west side of Gallagher
Road at the intersection of Gallagher Road and Brady Boulevard;
containing 5.32 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 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 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 Low Density Residential 0-5
dwelling 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
ord/nance and the tract of land hereinabove described is hereby declared to
be in Zoning District CF (Community Facilities) 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 development orders, development
permits, or land uses dependent on this amendment may be issued or commence
before it has become effective. If a final order of noncompliance is issued
by the Administration Commission, this amendment may nevertheless be made
effective by adoption of a resolution affirming its effective status, a copy
of which resolution shall be sent to the Department of Community Affairs,
Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida
32399-2100.
A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE
ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND
SUBDMSION 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 ASTACHED MAP HERE)
This notice is published as re~redby State law and Section 2.03(b) of
the City Charter of the City of DelrayBeach. 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 Commissionwithrespect 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
November 8, 1996 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
ROSACKER ANNI:'XATION &: FUTURF'
LAND US[ MAP AMENDM[NT
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF LAND U$E CHANGE
The City Commission of the Cit~ of Delray Beach, Florida will
consider a proposed change to the Future Land Use Map for a
5.32 acre parcel of land known as the Rosacker Property located
on the west side of Gallagher Road, at the intersection of
Gallagher Road and Brady Boulevard. The proposal involves a
Small Scale Future Land Use Map amendment FROM County
MR-5 (Medium Density Residential - 5 dwelling units/acre) TO
City Low Density Residential 0-5 dwelling units/acre.
The City Commission will conduct a Public Hearing on TUESDAY.
NOVEMBER 19. 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. 49-96
AN' ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH, A PARCEL OF LAND
KNOWN AS THE ROSACKER PROPERTY LOCATED
ON THE WEST SIDE OF GALLAGHER ROAD AT THE
INTERSECTION OF GALLAGHER ROAD AND BRADY
BOULEVARD, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXIST-
ING MUNICIPAL LIMITS; REDEFINING THE BOUND-
ARIES OF THE CITY TO INCLUDE SAID LAND; PRO-
VIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; AFFIXING AN OFFICIAL LAND USE DES-
IGNATION OF LOW DENSITY RESIDENTIAL FOR
SAID LAND TO THE FUTURE LAND USE MAP AS
CONTAINED IN THE COMPREHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE HEAR-
ING ADOPTION PROCESS FOR SMALL SCALE LAND
USE PLAN AMENDMENTS; PROVIDING FOR THE
ZONING THEREOF TO CF (COMMUNITY FACILITIES)
DISTRICT; 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. sub-
mit their comments in writing on or before the date of this hear-
ing to the Planning and Zoning Department. For further informa-
tion or to obtain copies of the proposed amendment, please con-
tact 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 crrY COMMISSION
WITH RESPECT TO ANY MA'I-rEH CONSIDERED AT THIS
HEARING, SUCH PERSON WILL NEED A RECORD OFTHESE
PROCEEDINGS, AND' FOR THIS PURPOSE MAY NEED TO
ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTI-
MONY 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: THE NEWS CITY OF DELRAY BEACH
November 11, 1996 Alison MacGregor Harry
Ad//731400 City Clerk
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 5.32 acre parcel of land
known as the Rosacker property located on the west side of Gallagher Road,
at the intersection of Gallagher Road and Brady Boulevard. The proposal
involves a Small Scale Future Land Use Map amendment FROM County MR-5
(Medium Density Residential - 5 dwelling units/acre) TO City Low Density
Residential 0-5 dwelling units/acre.
The City Commission will conduct a Public Hearing on TUESDAY, NOVEMBER 19,
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. 49-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL
OF LAND KNOWN AS THE ROSACKER PROPERTY LOCATED ON THE WEST SIDE
OF GALLAGHER ROAD AT THE INTERSECTION OF GAT.TAGHER ROAD AND
BRADY BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND
USE DESIGNATION OF LOW DENSITY RESIDENTIAL FOR SAID LAND TO THE
FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN;
ELECTING TO PRDCEED UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE
ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT; PROVIDING
A GENERAL REPEALW. R 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 sutmnit 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.
PLw.%SE 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 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
November 11, 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.
EXHIBIT A - LEGAL DESCRIPTION
LEGAL VERIFICATION FORM
FILE #: 96-259 & 96-260
PROJECT NAME: ROSACKER PROPERTY
LEGAL DESCRIPTION:
The North Quarter (N 1/4) of the Southwest Quarter (SW 1/4) of the Northwest
Quarter (NW 1/4) of Section 13, Township 46 South, Range 42 East, Palm
Beach County, Florida, less the West 680.0 feet thereof.
SOURCE of Legal Description: SURVEY (copies attached)
VERIFIED BY: ~Vl~
VERIFICATION REQUEST NEEDED BY: OCTOBER 25, 1996
LEGROS