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02-95 ORDINANCE NO. 2-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.2, "NOTICE REQUIREMENTS", SUBSECTION 2.4.2(B)(1)(a), "ANNEXATIONS", SECTION 2.4.5(C), "ANNEXATION OF TERRITORY", AND ARTICLE 4.2, "ANNEXATION AND INITIAL ZONING", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, TO CLARIFY NOTICE AND PROCEDURAL REQUIREMENTS FOR BOTH VOLUNTARY AND NON-VOLUNTARY ANNEXATIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of December I9, 1994, and has forwarded the change with a recommendation of approval by a vote of 5 to 0; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ That Chapter Two, "Administrative Provisions", Article 2.4, "General Procedures", Section 2.4.2, ~"Notice Requirements", Subsection 2.4.2(B)(1)(a), "Annexations", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B) Public Hearing Requirements: The following notice requirements and hearing procedures shall be complied with whenever an action before a Board requires consideration at a public hearing. These requirements are in addition to any requirements for public hearing notice which are otherwise required by State Law or City Commission procedures. (1) Notice. Ail public hearings shall be noticed through letters to property owners, legal advertisements, or display advertisements as set forth below. (a) A~exations: (1~ ~OB-¥Qluntary; Notice requirements ¢o~tain~d within applicable sections of Florida Statutes ChaPter 171 shall apply. (2) Voluntary: Notice requirements contained within applicable sections of Florida Statutes Chapter 171 and City Charter Section 2.03 shall apply. In addition~ tThe same procedures as are used for noticing a ~ That Chapter Two, "Administrative Provisions", Article 2.4, "General Procedures", Section 2.4.5, "Procedures for Obtaining Development Approvals", Subsection 2.4.5(C), "Annexation of Territory", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (C) ~--exation of Territory: (1) Rule: The owner of land may seek the annexation of contiguous property, under his ownership. The City may initiate an annexation of private property if said right has been delegated via provisions of a water service agreement or other agreement to that end. Further, the City may initiate annexation of property pursuant - 2 - Ord. No. 2-95 (2) Required Information: A request for ~ annexation shall be in the form of a Petition to the City Clerk in which a request for annexation is made. The petition must identify the property to be annexed by legal description and must state the desired zoning. A voluntary annexation petition ~ must be accompanied by a zoning application. In addition to information required for the zoning action, an exhibit, prepared by a licensed surveyor, which shows the points of contiguity shall be provided. ~equtrements for non-voluntary annexations are pursuant to applicable sections of Florida Statutes Chapter 171. (3) Procedure: The ~ annexation petition shall be considered ~~¢¢~y with the zoning application and shall be subject to the zoning procedures. For voluntary annexations. ~/~~] prior to second reading of the enacting ordinance by the City Commission, notice of the annexation shall be published pursuant to 2.4.2(B)(1)(a)(2). Non-voluntary annexations require a recommendation of the Planning and Zoning Board. and shall be prOCeSsed pursuant to applicable requirements of Florida Statutes Chapter 171. (4) Findings: ~g/~I~l~/~/li~i~i /~¢~I~¢d/l~ ~¢~ /~ /~¢ /~~ /~¢~/ /~he City Commission must make findings that the annexation W~/~/¢~¢~¢/~/~/~~/¢~¢~¢/~ ~/~/~~ is consistent with Objective B-3 of the Land Use Element. and complies with F.S. Chapter ~71. ~ That Chapter Four, "Zoning Regulations", Article 4.2, "Annexation and Initial Zoning", of the Land Dev61opment Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: ARTICLE 4.2 ANNEXATION AND INITIAL ZONING Section 4.2.1 Authority for Annexations: The boundaries and corporate limits of the City of Delray Beach now existing may be amended from time to time, as provided by law, to extend to the ultimate municipal boundaries as shown on the Future Land Use Map. (Note: Adapted from Chapter II of the Charter) Section 4.2.2 Requirements: ~/~¢~/~/~¢/~¢~/~¢~¢~/~/~¢ ~/ /~ /~¢~ /~ /~¢ /¢~$~/ A X~ Petition for annexation must be prepared and processed pursuant to 2.4.5(C) with public notice pursuant to 2.4.2(B)(1)(a)(2) and as provided for in Florida Statutes Chapter 171. Non-voluntary annexations must be prepared and processed pursuant to applicable sections of Florida Statutes Chapter 171. - 3 - Ord. No. 2-95 Section 4.2.3 Zoning: At the time of a voluntary annexation, a zoning designation shall be applied to the property in a manner consistent with the Future Land Use Map and the Comprehensive Plan. To this end, a petition for ~ annexation shall be processed concurrently with a zoning petition. Notwithstanding the foregoing, under unique circumstances a parcel of land may be annexed with zoning of Agriculture (A) or Open Space (OS) and then be rezoned, at a later date, through the formal rezoning processes for a designation more appropriate to the Future Land Use Map. ~itb non-voluntary annexations, the current ~ou~ty ladd use and zoning designations shall remain in effect until adoption of City land use and zoning designations. The application for assignment of City land use or zoning designations may be initiated by the City or the property owner. ~_~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~ 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. ~_9~L~J~D__~_= That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 17th day of January , 1995. ATTEST: ~ Cit] C~erk ' First Reading January 3, 1995 Second Reading January 17, 1995 - 4 - Ord. No. 2-95 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ ~O'~' - MEETING .QF JANUARY 17J 1995 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 2-95 NOTICE AND PROCEDURAL REOUIREMENTS FOR ANNEXATIONS DATE: JANUARY 12, 1995 This is second reading and public hearing for Ordinance No. 2-95 which amends three sections of the Land Development Regulations regarding notice and procedural requirements for annexations. The purpose of the amendments is to achieve consistency between the LDRs and the Florida Statutes, as well as with the City Charter. Also included are procedural requirements for non-voluntary annexations which previously had not been addressed in the LDRs. Please refer to the staff documentation for an analysis of the proposed amendments. The Planning and Zoning Board formally reviewed this item on December 19, 1994, and voted 5 to 0 to recommend that the proposed changes be adopted. At first reading on January 3, 1995, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 2-95 on second and final reading. ref:agmemo20 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY I~NAGER~'~ SUBJECT: AGENDA ITEM ~ /~E - MEETING OF JANUARY 3. 1995 FIRST READING FOR ORDINANCE NO. 2-95/NOTICE AND PROCEDURAL REQUIREMENTS FOR ANNEXATIONS DATE: DECEMBER 29, 1994 This is first reading for Ordinance No. 2-95 which amends three sections of the Land Development Regulations regarding notice and procedural requirements for annexations. The purpose of the amendments is to achieve consistency between the LDRs and the Florida Statutes, as well as with the City Charter. Also included are procedural requirements for non-voluntary annexations which previously had not been addressed in the LDRs. Please refer to the staff documentation for an analysis of the proposed amendments. The Planning and Zoning Board formally reviewed this item on December 19, 1994, and voted 5 to 0 to recommend that the proposed changes be adopted. Recommend approval of Ordinance No. 2-95 on first reading. If passed, a public hearing will be held on January 17, 1995. ref:agmemo20 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ ~ DIR~OR C~F PLANN~ ~ ZONI~NG / FROM: PAUL DORLING,/B~INCIPAL PLANNER SUBJECT: MEETING OF JANUARY 3,199~ AMENDMENT TO LDR SECTIONS 2.4.2 (B)(1), 2.4.§,and ARTICLE 4.2 REGARDING NOTICE AND PROCEDURAL REQUIREMENTS FOR ANNEXATIONS. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of LDR amendments to Section 2.4.2 (B)(1), Section 2.4.5 and Article 4.2. clarifying notice and procedural requirements. BACKGROUND: In preparation for the upcoming referendum a review of the annexation requirements in the LDRs was conducted. During this review inconsistencies were noted between the LDRs and the Florida Statutes, as well as a lack of procedural requirements for non voluntary annexations. PROPOSED LDR AMENDMENTS: The proposed changes to LDR Section 2.4.2 (B)(1) relate to achieving Consistency between notice requirements in the LDRs and Florida Statutes for voluntary and non voluntary annexations. The proposed amendments will also add specific language for non-voluntary annexations which will require notice pursuant to applicable sections of the Florida Statutes. The proposed changes to Sections 2.4.5 (Annexation of Territory) and Article 4.2 (Annexation and Initial Zoning) will establish procedural requirements for non voluntary annexations which relate to when initial zoning designations are applied to annexed property. The amendments will also clarify the status of annexed land in the absence of concurrent processing of ~ Comprehensive Land Use Plan Amendments and initial zoning designations as described under Florida Statute 171.062 (2). City Commission Documentation Amendment to LDR Sections 2.4.2 (B)(1), Section 2.4.5, and Article 4.2 on Notice and Procedural Requirements for Annexations Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a public hearing on December 19, 1994. No one from the public spoke on the item. The Board voted 5-0 to recommend that the proposed changes to the LDR's be adopted by the City Commission. RECOMMEND ED ACTION: By motion, approve the proposed amendments to LDR Sections 2.4.2 (B)(1), Section 2.4.5 and Article 4.2. Attachment: * P&Z Staff Report * Proposed Amendment PLANNING AND ZONING BOARD MEMORAND~ STAFF REPORT MEETING OF: DECEMBER 19, 1994 AGENDA ITEM: V.C. LDR TEXT AMENDMENT RE: NOTICE AND PROCEDURAL REQUIREMENTS FOR ANNEXATION PETITIONS ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding amendments to the LDRs Sections 2.4.2 (B)(1), 2.4.5 (C), and Article 4.2. clarifying notice and procedural requirements for annexations. BACKGROUND: In preparation of the upcoming referendum for areas west of Military Trail a review of applicable annexation provisions of the LDRs was conducted. During this review inconsistencies were noted between the LDRs and Florida Statute notice requirements, and a lack of specific procedural requirements for non-voluntary annexations was uncovered. Attached are the proposed amendments; the following is an analysis of each. ANALYSIS: Changes proposed to LDR Section 2.4.2(B)(1), Notice Requirementsf Annexations With the adoption of the LDRs in 1989, the notice requirements for annexation petitions were tailored after those contained in Florida Statutes sections 171.0413(2)(b) and 171.044(2). Those sections required the publication of notification in a local newspaper at least once a week for 4 consecutive weeks prior to the adoption by ordinance (voluntary annexation) or referendum (non-voluntary annexation). In the 1990 legislative session the notice requirements were amended to require notice to be published at least once a week for two weeks before adoption of an ordinance (voluntary annexation) or referendum (non-voluntary annexation). The LDRs were never changed to reflect the new requirements. Rather than repeat the notification requirements that are contained within the Florida Statutes and the City Charter, the proposed amendment will simply refer to those existing requirements. Therefore, if the statutes or charter are amended in the future, the LDRs will automatically be consistent with the amended provisions. Planning & Zoning Board Memorandum Staff Report LDR Amendment Re: Notice & Procedural Requirements for Annexations Page 2 The proposed changes eliminate subsections i, ii, iii and modify LDR Section (B)(1). The requirements of subsection (i) are already contained within Florida Statute 171.0413 (2)(b) and 171.044 (2), which are referred to in the amended Section 2.4.2 (B)(1). The provisions of Subsection (ii) are required by the Charter and included in the standard annexation ordinance preamble. Subsection (iii) is required by the City Charter Section 2.03 (b), and will continue to be required per the amended language. The changes under Section 2.4.2(B)(1) will modify notice requirements so that they are consistent with current Florida Statute requirements for both voluntary and non-voluntary annexations. Voluntary annexations will continue to require the application of a zoning designation, thus, those additional notification requirements will apply. The changes will allow for savings in advertising costs, which can be substantial for publication of annexation notifications. Changes proposed to Sections 2.4.5, Annexation of Territory, and Article 4, ANNEXATION AND INITIAL ZONING. Both of the above referenced sections deal with procedural requirements of annexations, such as the information required, the manner in which zoning is applied, and the findings that must be made. Under Florida Statute 171.062 if an annexed area is subject to a county land use plan, zoning or subdivision regulations, those regulations will stay in force until the municipality adopts a Comprehensive Plan Amendment that includes the annexed area. However, procedures within the City's LDR Sections 2.4.5 and Article 4.2 require that City zoning be applied to property concurrent with the annexation. The concurrent application of a City zoning designation is desirable with voluntary annexations, in order to ensure consistency with the City Land Use and zoning maps and with LDR.requirements. However, the procedural requirements of Florida Statute 171.0413 for non-voluntary annexations, especially in the case of a referendum, make it impractical to apply zoning concurrent with annexation. Per statute, the City must adopt an annexation ordinance at least a month prior to holding the referendum vote which would verify annexation. As the City does not have land use authority over land outside its jurisdiction, application of a City zoning designation is not immediately possible. Also, the size of property to be included in a referendum will typically exceed 10 acres, therefore, the application of a land use designation will have to await the twice-a-year amendment cycle. Given these constraints, if a referendum is successful, the County's land use and zoning designations will continue to apply until the City's designations are adopted. Planning & Zoning Board Memorandum Staff Report LDR Amendment Re: Notice & Procedural Requirements for Annexations Page 3 ....... The proposed amendments to the provisions concerning annexation procedures will distinguish between voluntary and non-voluntary annexations. The requirement to apply zoning concurrent with annexation will continue to apply in voluntary situations, however, annexations that are non-voluntary in nature, such as a referendum, may be accomplished otherwise. Procedures for both will continue to be in compliance with Florida Statutes. RECOMMENDED ACTION: By motion, recommend to the City Commission adoption of the LDR amendments to Section 2.4.2(B)(1), 2.4.5 (C), and Article 4.2 as attached. Planning & Zoning Board Memorandum Staff Report LDR Amendment Re: Notice & Procedural Requirements for Annexations Page 4 PROPOSED AMENDMENTS TO LAND DEVELOPMENT REGULATIONS Section 2.4.2 (B)(1): (B) Public Hearing Requirements: The following notice requirements and hearing procedures shall be complied with whenever an action before a Board requires consideration at a public hearing. These requirements are in addition to any requirements for public _ hearing notice which are otherwise required by State Law or City Commission procedures. (1) Notice: All public hearings shall be noticed through letters to property owners, legal advertisements, or display advertisements as set forth below. (a) Annexations: .(1) Non-voluntary: Notice requirements contained within applicable sections of Florida Statute Chapter 171 shall apply. .(2) Voluntary: Notice requirements contained within applicable sections of Florida Statute Chapter 171 and City Charter Section 203 shall apply. In addition~ tThe same procedures as are used for noticing a rezoning shall applym Z~ ~fi Planning & Zoning Board Memorandum Staff Report LDR Amendment Re: Notice & Procedural Requirements for Annexations Page 5 ......... Section 2.4.5 (C) Annexation of Territory: (1) Rule: The owner of land may seek the annexation of contiguous property, under his ownership. The City may initiate an annexation of private property if said right has been delegated via provisions of a water service agreement or other agreement to that end. Further, the City may initiate annexation of property pursuant to Florida Statutes. (2) Required Information: A request for voluntary annexation shall be in the form of a Petition to the City Clerk in which a request for annexation is made. The Petition must identify the property to be annexed by legal description and must state the desired zoning. ~Z A voluntary annexation petition must be accompanied by a zoning application. In addition to information required for the zoning action, an exhibit, prepared by a licensed surveyor, which shows the points of contiguity shall be provided. Requirements for non-voluntary annexations are pursuant to applicable sections of Florida Statutes Chapter 171. (3) Procedure: The voluntary annexation petition shall be considered ~~~ with the zoning application and shall be subject to the zoning procedures. For voluntary annexation, prior to second reading of the enacting ordinance by the City Commission, notice of the annexation shall be published pursuant to 2.4.2(B)(1)(a).(2). Non-voluntary annexations require a recommendation of the Planning and Zoninq Board, and shall be processed pursuant to applicable requirements of Florida Statutes Chapter 171. (4) Findings: Iff ~dd~fl ~ f~fld~fl~ ~gg~fi ~fi g~ ~f~ ~tg~g~fi~ ~he City Commission must make findings that the annexation ~II fi~g ~g~ ~ ~ g~Z Z~ ~fifi~gg~fi is consistent with Objective B-3 of the Land Use Element, and complies with F.S. Chapter 171. ARTICLE 4.2 ANNEXATION AND INITIAL ZONING Section 4.2.1 Authority for Annexations: The boundaries and corporate limits of the City of Delray Beach now existing may be amended from time to time, as provided by law, to extend to the ultimate municipal boundaries as shown on the Future Land Use Map. (Note: adapted from Chapter II of the Charter) Planning & Zoning Board Memorandum Staff Report LDR Amendment Re: Notice & Procedural Requirements for Annexations Page 6 Section 4.2.2 Requirem~ ...... ~-~-~-~ M~9~ ~F~FE~ ~MM~R~ ~ ZM~ ~Z~ ~fM ~~ ~Z ~ ~~f A voluntary petition for annexation must be prepared and processed pursuant to 2.4.5(C) with public notice pursuant to 2.4.2(B)(1)(a)(2) and as provided for in Florida Statute 171. Non-voluntary annexations must be prepared and processed pursuant to applicable sections of Florida Statute Chapter 171. Section 4.2.3 Zoning: At the time of a voluntary annexation, a zoning designation shall be applied to the property in a manner consistent with the Future Land Use Map and the Comprehensive Plan. To this end, a petition for voluntary annexation shall be processed concurrently with a zoning petition. Notwithstanding the foregoing, under unique circumstances a parcel of land may be annexed with zoning of Agriculture (A) or Open Space (OS) and then be rezoned, at a later date, through the formal rezoning processes for a designation more appropriate to the Future Land Use Map. ~~ ~M~M~ Z~ ~ R½I~b~ ~Mt~ 6KM~~ ~gf~ With non-voluntary annexations the current County land use and zoning designations shall remain in effect until adoption of City land use and zoning designations. The application for assignment of City land use or zoning designations may be initiated by the City or the property owner.