29-95 FAILED ON SECOND/FINAL READING - 7/11/95
ORDINANCE NO. 29-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF
MILITARY TRAIL, APPROXIMATELY 1,400 FEET SOUTH OF
ATLANTIC AVENUE, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL
LAND USE DESIGNATION FOR SAID LAND TO THE FUTURE LAND
USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH
COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND
USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF
TO POC (PLANNED OFFICE CENTER) DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Louis J. Carusillo and Harold R. Evans are the
fee-simple owners of a 4.17 acre vacant parcel of land located on the
west side of Military Trail, approximately 1,400 feet south of
Atlantic Avenue; and
WHEREAS, Burl Gentry, as duly authorized agent for the
fee-simple owners, 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 HR-8 (High Density
Residential - 8 units/acre); and
WHEREAS, the Advisory Future Land Use Map (FLUM) designation
for the subject property in the City of Delray Beach, Florida, is
Transitional; and
WHEREAS, the City's Future Land Use Map designation of
Transitional is consistent with the County FLUM designation of HR-8
(High Density Residential - 8 units/acre) for the property hereinafter
described; and
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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 May 15, 1995, and voted 6 to 0 to recommend that the
requests be denied; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the requests are not inconsistent with the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~_~ That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
The East One-Half (E 1/2) of the Northeast
One-Quarter (NE 1/4) of the Northeast One-Quarter (NE
1/4) of the Northeast One-Quarter (NE 1/4) of Section
23, Township 46 South, Range 42 East, Palm Beach
County, Florida, LESS the East 65.00 feet, more or
less, of said Section 23, for State Road right-of-way
purposes as shown on the State Road Department
Right-of-Way Map Section No. 93590-2601 for Military
Trail (State Road 809) as recorded in Road Plat Book
2, Page 225, of the Public RecOrds of Palm Beach
County, Florida, and subject to the claims of the
Lake Worth Drainage District based on the Chancery
Case No. 407 of 1915, being the North 66.00 feet of
the above described property, as now laid out, and
more particularly described as follows:
Commencing at the Northeast corner of said Section
23; thence run S 89 degrees 12' 59" W, a distance of
63.58 feet to the point of beginning, also being a
point on a curve and a point on the westerly
right-of-way of Military Trail (State Road 809);
- 2 - Ord. No. 29-95
FAILED ON SECOND/FINAL READING - 7/11/95
FAILED ON SECOND/FINAL READING - 7/11/95
thence run along said right-of-way line and the arc
of a curve to the left, said curve having a central
angle of 0 degrees 43' 40", a radius of 17,238.80
feet, an arc distance of 218.97 feet, a chord bearing
of S 1 degree 05' 52" E and a chord of 218.97 to a
point of tangent; thence run S 1 degree 27' 42" E,
along said right-of-way line, a distance of 453.67
feet to a point; thence run S 89 degrees 00' 59" W,
along the north line of Plat No. 3, Country Club
Acres, a subdivision as recorded in Plat Book 24,
Page 32 of the Public Records of Palm Beach County,
Florida, a distance of 269.73 feet to a point; thence
run N 1 degree 28' 31" W, along the east line of Plat
No. 4, Country Club Acres, a subdivision as recorded
in Plat Book 24, Page 35 of the Public Records of
Palm Beach County, Florida, a distance of 673.60 feet
to a point on the North line of said Section 23;
thence run N 89 degrees 12' 59" E, along said North
line a distance of 271.29 feet to the point of
beginning.
The subject property is located on the west side of
Military Trail, approximately 1,400 feet south of
Atlantic Avenue; containing 4.17 acres, more or less.
~ 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.
~ That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and %aws 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.
~ 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 Transitional.
- 3 - Ord. No. 29-95
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~ That the City of Delray Beach elects to make
this small scale amendment by having only an adoption hearing,
pursuant to Florida Statutes Section 163.3187(1)(c)4.
Section 7. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in Zoning District POC (Planned
Office Center) as defined by existing ordinances of the City of Delray
Beach.
~_~ 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.
~ction 10. That this ordinance shall become effective as
follows: As to the annexation and zoning, immediately upon passage on
second and final reading; as to the small scale land use plan
amendment, the date a final order is issued by the Department of
Community Affairs or Administration Commission finding the amendment
in compliance in accordance with Section 163.3184, Florida Statutes,
whichever occurs earlier. No development orders, development permits,
or land uses dependent on this amendment may be issued or commence
before it has become effective. If a final order of noncompliance is
issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming
its effective status, a copy of which resolution shall be sent to the
Department of Community Affairs, Bureau of Local Planning, 2740
Centerview Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1995.
MAYOR
ATTEST:
City Clerk
First Reading June 6, 1995
Second Reading FAILED 7/11/95
- 4 - Ord. No. 29-95
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~ -, CARUSILLO & EVANS PROPERTY
M,E MORAND UM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # I0,~.- MEETING OF JULY 11, 1995
$~COND READING/PUBLIC HEARING FOR ORDINANCE NO. 29-95
(ANNEXATION, INITIAL ZQNING AND SMALL SCALE FUTURE LAND
USE MAP AMENDMENT/CARUSILLO AND EVANS PROPERTY)
DATE: JULY 5, 1995
This is second reading and public hearing for Ordinance No. 29-95
which annexes a 4.17 acre parcel of land located on the west side
of Military Trail, approximately 1,400 feet south of Atlantic
Avenue. The property is vacant and is bounded on the south and
west by the Country Club Acres single family subdivision. The
ordinance establishes initial zoning of POC (Planned Office
Center) District, and also provides for a small scale land use
plan amendment to change from the County's designation of HR-8
(High Density Residential - 8 units/acre) to an official City
designation of Transitional.
The property is located within the City's Planning Area (Future
Annexation Area) and is proposed for annexation by voluntary
petition of the owners. Please refer to the staff report for
further analysis.
The Planning and Zoning Board considered this matter at public
hearing on May 15, 1995. While not opposed to the annexation, the
Board felt that the office zoning was not appropriate at this
location and voted 6 to 0 to recommend that the request be denied.
On June 6, 1995, the Commission voted unanimously to pass the
ordinance on first reading. Public hearing was scheduled for June
20, 1995. However, due to an error by the newspaper in not
publishing one of the required advertisements, it was announced at
the June 20th meeting that the hearing would be continued to the
date certain of July 11, 1995, at 7:00 p.m. This is a
quasi-judicial matter and will be conducted as such at the public
hearing.
Recommend consideration of Ordinance No. 29-95 on second and final
reading.
ref: agmemo9 ~-1~
CITY COMMISSION DOCUMENTATION
TO: //DAVID ~ HAR~r~N, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECT_.~
DEPARTMENT OF PLANNING AND ZONING
FROM: JEFFREY A~COSTELLO, SENIOR PLANNER
SUBJECT: MEETING OF JUNE 6, 1995
ANNEXATION, SMALL SCALE LAND USE MAP AMENDMENT FROM
COUNTY HR-8 (HIGH DENSITY RESIDENTIAL - 8 DU/AC) TO CITY
TRANSITIONAL, AND INITIAL ZONING OF POC (PLANNED OFFICE
CENTER) FOR A PARCEL OF LAND LOCATED ON THE WEST SIDE
OF MILITARY TRAIL, APPROXIMATELY 1,400 FEET SOUTH OF
ATLANTIC AVENUE (CARUSlLLO AND EVANS PROPERTY).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first readin,q
of an ordinance annexing a 4.17 acre parcel of land, changing the Future Land
Use designation from County HR-8 to City Transitional, and applying an initial
zoning designation of POC (Planned Office Center).
The subject property is located on the west side of Military Trail, approximately
1,400 feet south of Atlantic Avenue.
BACKGROUND:
The subject property is currently located in unincorporated Palm Beach County and
has an AR (Agricultural Residential) zone designation. The property is also located
within the City's Planning Area (Future Annexation Area) and is seeking voluntary
annexation at this time. The property is vacant with the exception of a billboard
located at the southeast corner of the parcel. No land use history is available on this
property.
The subject property is a 4.17 acre vacant parcel having a County Future Land Use
Map designation of HR-8 (High Density Residential - 8 units per acre) and County
zoning of AR (Agricultural Residential). The proposal is to annex the property into the
City, change the Future Land Use Map designation to City Transitional, and apply an
initial zoning designation of POC (Planned Office Center). Additional background and
an analysis of the request is found in the attached Planning and Zoning Board Staff
Report.
City Commission Documentation
Meeting June 6, 1995
Annexation, Future Land Use Map Amendment
with Initial zoning of POC (Planned Office Center)
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
* At its meeting of May 15, 1995, the Planning and Zoning Board held a public
hearing in conjunction with review of the requests. There was public testimony
from the adjacent community (Country Club Acres) in opposition to the annexation,
land use map amendment and zoning. While the Board did not have a particular
problem with the annexation, they felt that the office zoning was not appropriate at
this location. The Board voted 6-0 (Schwadz absent) to recommend that the
requests be denied.
RECOMMENDED ACTION:
As this is a quasi-judicial matter, recommend approval on first reading to allow for a
formal public hearing on June 20, 1995.
Attachment:
* P & Z Staff Report and Documentation of May 15, 1995
, Copy of Ordinance No. -95
T:CCEVANS.DOC
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: Hay 15, 1995
AGENDA ITEM: ¥.F. & G.
ITEM: Annexation, Initial Zoning of POC, and Small ScaIe Future Land Use Map Amendment
from County HR-8 to City Transitional for'theCarusillo & EVans Property.
GENERAL::DATA:
Owners ......................... ,..~....~ ................. ; ......... Louis J. Carusillo and
Harold R. Evans
Contract Pumhaser ........ i .................... ~ ............. Charles M. NeViaser
Agent. ............................................................... Bud Gentry
Gentry Engineering and
Land Surveying. Inc.
Location ............................................................ West side of Military Trail.
approximately 1.400 feet south of
Atlantic Avenue.
Property Size .................................................... 4.17 Acres
Existing County Land
Use Map Designation ........................................ HR-8 (High Density Residential - 8
units/acre)
Use Map Designation ........................................ Transitional ! I I I I I I I
Existing County Zoning
Designation ...................................................... AR (Agricultural Residential)
..o.os~ c,~ zo.,.. ~oc o~ce I I I I I I I I I.~~~__
Designation ...................................................... (Planned Center) I I I Ja[JJ=LI I ~.~ J J I1~ --
Adjacent Zoning ...................................... North: County AR IIIIIIIIII1~
East: City R-1-A (Single Family Residential)
I--
- 5 units/acre)
~xisting Land Use ............................................. Yamnt land with a billboard on the
southeast portion of the property.
Proposed Land Use .......................................... Office development.
Water Service ................................................... Available via connection to the
existing 12" water main along the
east side eL Military Trail.
$~wer Service ............................................ ~ .... Available via installation of a li~t station
and connection to the existing 4" force
main along the west side of Military Trail.
V.F. & G.
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation on a Voluntary Annexation (pursuant to
Florida Statute 171.044), and a Small Scale Future
Land Use Map amendment from County HR-8 (High Density
Residential - 8 units per acre) to City Transitional
with initial zoning of POC (Planned Office Center).
LDR Sections 2.4.5 (A), (C) and (D) provide rules and
procedures for the processing of this petition.
The subject property is located on the west side of
Military Trail, approximately 1,400 feet south of
Atlantic Avenue.
BACKGROUND:
The subject property is currently located in unincorporated Palm
Beach County and has an AR (Agricultural Residential) zone
designation. The property is also located within the City's
Planning Area (Future Annexation Area) and is seeking voluntary
annexation at this time. The property is vacant with the
exception of a billboard located at the southeast corner of ~he
parcel. No land use history is available on this property.
PROJECT DESCRIPTION:
The subject property is a 4.17 acre vacant parcel having a
County Future Land Use Map designation of HR-8 (High Density
Residential - 8 units per acre) and County zoning of AR
(Agricultural Residential). The proposal is to annex the
property into the City, change the Future Land Use Map
designation to City Transitional, and apply an initial zoning
designation of POC (Planned Office Center).
.LAND USE MAP AMENDMENT ANALYSIS:
Current Land Use Desiqnations: The current County land use map
designation for the property is County HR-8 (High Density
Residential - 8 du/ac). The current City "advisory"-designation
for this property is Transitional.
Requested Land Use Desiqnation: The requested Future Land Use
Map change is to City Transitional.
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:
P & Z Board Staff Report
Carusillo and Evans Property - Voluntary Annexation with Initial
Zoning and Small Scale Future Land Use Map Amendment
Page 2
* 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;
* The cumulative effect of the amendments processed under
this section shall not exceed 60 acres annually; and,
* The proposed amendment does not involve the same property
owner's property within a 200 feet of property granted a
change within a period of 12 months.
The land use map amendment involves a 4.17 acre area, thus the'
total area is less than the 10 acre maximum. The proposed
amendment to Transitional is being processed concurrently with a
request for annexation and initial zoning of POC (Planned Office
Center) to accommodate an office development. The Transitional
land use designation allows consistent zoning districts which
include commercial and office development, as well as single
family to medium density residential 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.
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 district within which the land is
situated and, said zoning must be consistent with the land use
designation as shown on the Future Land Use Map.
The accompanying annexation and initial zoning application is
seeking a POC (Planned Office Center) zoning district. The
proposed use (office development) is allowed as a permitted use
within the POC zoning district. The Transitional land use
designation is consistent with the proposed -POC zoning
designation.
Consistency between the City and County Land Use Designations:
The proposed City Future Land Use Map designation for the
property is Transitional. The existing County Land Use
designation for the property is HR-8 (High Density
Residential - 8 units per acre). The City's Transitional
Land Use designation is consistent with the County's HR-8
designation in that Medium Density Residential zoning is
allowed and is consistent with the Transitional land use
designation. However, the Transitional land use
designation allows more intense development such as
P & Z Board Staff Report
Carusillo and Evans Property - Voluntary Annexation with Initial
Zoning and Small Scale Future Land Use Map Amendment
Page 3
Neighborhood Commercial, Planned Office Center,
Professional and Office Development. The City's FLUM
designations as initially contained on the City's Future
Land Use Map adopted in November, 1989, (and as formally
amended subsequently) are deemed to be advisory until an
official Land Use Amendment is processed.
Adjacent Land Use Map Desiqnations~ Zoning Designations & Land
Uses:
North: North of the subject property, across the L-34
Canal, has Palm Beach County land use map designation of
HR-8 (with an advisory City land use designation of
Transitional) and is zoned AR (Agricultural Residential).
The property is currently vacant.
South and West: The abutting properties to the south and
west have a Palm Beach County land use designation of MR-5
(Medium Density Residential - 5 du/ac) (with an advisory
City designation of Low Density Residential - 0-5 du/ac)
and are zoned RS (Single Family Residential). The existing
land use is single family subdivision known as County Club
Acres.
East: East of the property, across Military Trail has a
City Low Density Residential 0-5 du/ac land use designation
and is zoned R-1-A (Single Family Residential). The
existing use of the property is a planned residential
development known as The Hamlet, a country club community.
Allowable Land Uses:
Under the proposed Transitional FLUM designation, office and
neighborhood commercial developments (POC, POD, RO, and NC) are
allowed as well as residential zoning districts which
accommodate single family and multiple family units (R-1-A thru
R-l-AAA, RL, PRD, and RM). The applicant has requested an
initial zoning designation of POC (Planned Office Center). This
zoning designation is consistent with the proposed land use
designation.
Land Use Compatibility:
As described in the Future Land Use Element of the Comprehensive
Plan, the Transitional land use designation can provide for uses
which are not as intensive as general commercial in areas where
residential use is not desirable and/or appropriate. While this
parcel is surrounded by residential development, it does not
have sufficient size and depth to reasonably accommodate a
residential development. Compatibility with the abutting
residential development (Country Club Acres) is a concern,
however, there, are sufficient regulations in place which will
mitigate ~ny potential adverse impacts. Also, the business
hours of an office development usually do not extend into the
P & Z Board Staff Report
Carusillo and Evans Property - Voluntary Annexation with Initial
Zoning and Small Scale Future Land Use Map Amendment
Page 4
evening hours, therefore, there should not be any issues
regarding noise. With respect to the Hamlet development east of
Military Trail, there is a substantial landscape buffer with a
chain link fence along the west boundary of the Hamlet
development (east side of Military Trail) with a street internal
to The Hamlet adjacent to the landscape buffer. Further, the
development will be separated by a six lane divided roadway upon
the widening of Military Trail (scheduled 1996/97). Under the
County designation of 8 units per acre, the resulting
development would be low density multi-family development.
ANNEXATION ANALYSIS:
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".
* The property is contiguous with the City, reasonably
compact, and its annexation will not create an 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. 5" on the west
side of Military Trail south of Atlantic Avenue. Annexation of
"~ the territory is consistent with Policy B-3.4 of the-Future Land
USe Element, which calls for annexation of eligible properties.
'~'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 Sou~h County area. The property lies within Sheriff
patrol zone 7. Zone 7 is bordered by Jog Road on the west, the
Delray Beach City Limits on the east, Atlantic Avenue on the
P & Z Board Staff Report
Carusillo and Evans Property - Voluntary Annexation with Initial
Zoning and Small Scale Future Land Use Map Amendment
Page 5
north, and Clint Moore Road to the south. One officer is
assigned to a particular zone during a shift (three shifts per
day). Additional response can be mustered from "Cover Cars"
which roam throughout zones randomly, depending on their
availability in South County during that time.
The City of Delray Beach's Police Department has 14 cars per
shift patrolling a 15 square mile area; and, as a consequence,
significantly improved response time should be realized.
Annexation will not require additional manpower, as the police
currently pass the property while patrolling areas of the City
to the north and south of the property.
Fire and Emergency Services: The annexation of this property
will not require additional manpower. The municipal area is
served by Fire Station No. 4 (Barwick & Lake Ida Roads).
With annexation, the property will receive an improvement in
response time from the current 6 minutes of the County Fire
Department (Fire Station #42/Hagen Ranch Road near the Turnpike)
to approximately 4.5 minutes for the City's Fire Department
(Fire Station #4 at Barwick and Lake Ida Roads).
Water: Municipal water service is available via connection to
an existing 12" water main located along the east side of
Military Trail. It is recommended this improvement across
Military Trail be coordinated with the widening of Military
Trail in fiscal year 1996/97. With future development of this
property, main extensions (minimum 8") to the west and south
property lines will also be required in order to provide
continuation of service and future connections to the Country
Club Acres residences. Along the new main, fire hydrants must
be installed with a maximum spacing of 300 feet. Also, looping
of the main internal to the site for system integrity will be
required.
Sewer: Sewer service is available adjacent to the site via an
existing 4" force main along the west side of Military Trail.
With future development, the installation of a lift station and
sewer main extensions to the west property line will be
required. The lift station must be designed to accommodate the
proposed office development as well as the existing Country Club
Acres subdivision which is currently served by septic systems.
The City will participate in the increased cost associated with
sizing the lift station to accommodate future flows.
Streets: This property has direct access to Military Trail,
which is under the jurisdiction of Palm Beach County. The
jurisdictional responsibility and the associated maintenance
responsibility will not change upon annexation.
A traffic study was submitted based upon the maximum development
potential allowed under the proposed Transitional land use
designation (2 acres of neighborhood commercial and 2.17 acres
of office development) generating a total of 2,054 daily trips.
P & Z Board Staff Report
Carusillo and Evans Property - Voluntary Annexation with Initial
Zoning and Small Scale Future Land Use Map Amendment
Page 6
This is a "worst case" scenario, as the intended development is
strictly office and will be less intensive. It is noted that
Military Trail between Atlantic Avenue and Clint Moore Road is
operating at a level of service "E". Recent traffic studies
submitted for adjacent developments indicate that with an
additional analysis of peak hour directions (traffic alternative
test 1 analysis) this section of Military Trail will pass level
of service "D", with the installation of a dual left turn lane
at Clint Moore and Military Trail. This improvement is
scheduled for August of 1995. However, this roadway will again
fail level of service "D" by the end of 1995. Consequently,
after December 1995, no additional development can occur until
Military Trail is widened from 4 lanes to 6 lanes which is
scheduled for fiscal year 1996/97.
Parks and Open Space: As the Planning Area was considered in
the development of the Comprehensive Plan, the act of officially
adopting the advisory land use designation will have no effect
on Parks and Open Space level of service. The annexation of the
property for office development will not create an additional
impact on park and recreational facilities.
Solid Waste: As there is no change in actual land use at th'is
time, there will be no impact on solid waste disposal. The
service provider will remain the same, as described later in
this report.
Financial Impacts:
Effect Upon Annexed Property:
For the 1994 tax year the subject property had an assessed value
of $ 72,420. With the change from County to City jurisdiction,
the following taxes and rates will be affected:
Ad Valorem Taxes Millaqe WithAnnexation
Fire/Rescue MSTU 2.5539 Deleted (County)
Library .4437 Deleted (County)
City Of Delray Beach 6.8800 Added (City)
City of Delray Beach Debt 1.0700 Added (City)
4.9524 Difference*
* Total tax millage in the County is 20.1501 mills while in
the City the total millage rate is 25.1020 mills'.
The current yearly ad valorem taxes are $ 1,452,30. With
annexation the yearly ad valorem taxes will be $ 1,810.68; a tax
difference of $ 358.65. In addition to property taxes, the
following Non Ad Valorem fiscal impositions apply:
Delray Beach Storm Water Utility - This assessment is based
upon the percentage of impervious area of the buildings, parking
areas, etc.. A 25% discount from the assessment is available as
P & Z Board Staff Report
Carusillo and Evans Property - Voluntary Annexation with Initial
Zoning and Small Scale Future Land Use Map Amendment
Page 7
the site is within the Lake Worth Drainage District and an
additional 25% discount may be available if drainage is retained
on site. As the property is currently vacant, this assessment
is not imposed. With future development, the storm water
utility tax will be assessed.
· Solid Waste Authority - The Military Trail area is currently
serviced by South Florida Sanitation, which is Under a five year
contract that runs from October 1, 1993 through September 30,
1998. The City's contract is currently through Waste
Management, Inc. Pursuant to Florida Statute 171.062 (4)(a) "if
a party has an exclusive franchise which is in effect for at
least six months prior to the initiation of an annexation, th~
franchisee may continue to provide such services to the annexed
area for five years or the remainder of the franchise term
whichever is shorter". As the annexation was not initiated.
within the six month time period, the waste service provider
will not change with annexation. When this current contract
expires, the waste provider for this property will be the
current City provider. The out-of-City/in-City rates are
anticipated to be competitive.
Occupational Licence Fees - As the property is vacant land, an
occupational license will not be required. However, upon
development of the property for offices, occupational licenses
will be required. This license will be in addition to the
current County license fee required for offices of approximately
$60 per year. The City license fee for a business office is
$100 and $150 for professional and medical offices.
Resulting Impacts to Property Owner:
TABLE A
SUMMARY OF IMPACT ON THE CARUSILLO AND EVANS PROPERTY
FINANCIAL CONSIDERATIONS: I!
AD vALOREM TAXES
(Change from 94/95 county'of 20.1503
to City 94/95 rate 25.1020 mills.(4.9524) -+$ 358.65
NON AD VALOREM
Stormwater Assessment $ .0011
Solid W~ste Collection No Changell ....
P & Z Board Staff Report
Carusillo and Evans Property - Voluntary Annexation with Initial
Zoning and Small Scale Future Land Use Map Amendment
Page 8
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time from
(estimated time) 6.0 minutes (County) to 4.5
minutes (City).
EMS + Faster response time from
(estimated time) 6.0 minutes (County) to 4.5
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 1995 City operating millage
rate of 6.88 mills and debt rate of 1.07 mills, the property
will generate approximately $ 575.74 in new ad valorem taxes per
year. With the future office development, additional revenues
will be realized through increased assessment value, building
permit and licensing fees, the annual collection of the
stormwater assessment fee as well as utility taxes ( 9.5%
electric, 7% telephone) and franchise fees on electric,
telephone, and cable.
ZONING ANALYSIS:
The proposed City zoning designation is POC (Planned Office
Center) while the current County zoning designation is AR
(Agricultural Residential).
The surrounding Zoning designations are: County AR to the north;
'County RS (Single Family Residential) to the south and west;
and, City R-1-A (Single Family Residential) to the east.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a for~ 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.
P & Z Board Staff Report
Carusillo and Evans Property - Voluntary Annexation with Initial
Zoning and Small Scale Future Land Use Map Amendment
Page 9
The proposed POC zoning designations is consistent with the
proposed Transitional land use map designation. The proposed
office development is allowed as a permitted use within the POC
zone district. Based upon the above, a positive finding can be
made with respect to consistency with the Future Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the
City shall be provided to new development' concurrent with
issuance of a Certificate of Occupancy. These facllit~es shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
The proposal involves the annexation of existing vacant
land. There will be no changes in the manner that water,
sewer, drainage, streets/traffic and solid 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 is currently vacant with a billboard
situated at the southeast corner of the property. When a sign
is annexed which does not comply with the provisions of Section
4.6.7 (Signs), the sign must be removed upon annexation. Staff
will work with the property owner in order to obtain compliance.
Any future development will be required to comply with all Land
Development Regulations.
CONSISTENCY:
Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions), along with the required
findings in Section 2.4.5(D)(5) (Rezoning Findings), shall be
the basis upon which a finding of overall consistency is to be
made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in making a finding of overall
consistency.
Comprehensive Plan Policies:
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objectives and'policies were found.
Conservation Element Policy B-2.5: Whenever new development or
redevelopment is proposed along a waterway, a _canal, an
environmentally sensitive area, or an area identified via Policy
B-2.1, an area equivalent to at least 10% of the total area of
the development shall be set aside in an undisturbed state or
25% of native~i.communities shall be retained pursuant to Policy
P & Z Board Staff Report
Carusillo and Evans Property - Voluntary Annexation with Initial
Zoning and Small Scale Future Land Use Map Amendment
Page 10
The property is bordered on the north by the L-34 Canal,
therefore this policy is applicable. Compliance with this
policy can be easily met as the site is currently vacant.
This item must be accommodated at the time of site and
development plan design.
Land ~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 does not have any unique environmental'
characteristics that would would prohibit development of
the site or require mitigation measures. The property can
be developed in a manner that will be complementary to-the
adjacent residential developments i.e. through provision of
adequate landscape buffers and residential type elevations.
With review of a specific development proposal this policy
will be revisited.
Section 3.3.2 (Standards for Rezoninq Actions): Standards A and
B are not applicable with respect to this rezoning request. The
applicable performance standards of Section 3.3.2 are as
follows:
C) Additional strip commercial zoning on vacant properties
shall be avoided. This policy shall not preclude rezonings
on land that at the time of rezoning has improvements on
it. Where existing strip commercial areas or zoning
exists along an arterial street, consideration should be
given to increasing the depth of the commercial zoning in
order to provide for better project design.
The proposed POC zoning is not a strip commercial zone
district designation. The property has a depth of 270 feet
and contains 4.17 acres which can easily accommodate a
well-planned office development.
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 POC zoning designation will accommodate the
proposed office development as a permitted use.
Compatibility with the adjacent residential developments
P & Z Board Staff Report
Carusillo and Evans Property - Voluntary Annexation with Initial
Zoning and Small Scale Future Land Use Map Amendment
Page 11
will relate to the ultimate density of future development.
However, when POC zoned property directly abuts residential
zoning a minimum 25 foot building setback must be provided.
Further, within the landscape strips abutting the
residential property, trees must be planted every 25 feet
along with either a 6 foot high wall or a 4 1/2 foot high
hedge, at the time of planting. ComPatibility of a
specific development proposal with the adjacent
developments will be appropriately addressed with the
review of a site and development plan request.
Section 2.4.5(D)(5) (Rezoninq Findings)~
Pursuant to Section 2.4.5(D)(5), in addition to the provisions
of Section 3.1.1, the City Commission must must make a finding
that the rezoning fulfills one of the reasons for which -the
rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate;
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The applicant has submitted a justification statement which
states the following:
"There has been a change in circumstances. The applicant
is applying for annexation of this property into the City.
The annexation requires that the applicant apply for an
appropriate zoning designation."
Comment:. The justification statement addresses Item "b" as the
.basis. for which the rezoning should be granted, however, Item
"c, is also applicable. The property is in the unincorporated
area of Palm Beach County, however, it is within the City of
Delray Beach r~serve annexation area. The requested zoning is
of similar intensity as that allowed under the proposed City
Transitional land use designation. The POC zoning is more
appropriate for the property than the current County zoning
designations of AR (Agricultural Residential) given the
properties location and its extensive frontage along Military
Trail.
P & Z Board Staff Report
Carusillo and Evans Property - Voluntary Annexation with Initial
Zoning and Small Scale Future Land Use Map Amendment
Page 12
REVIEW BY OTHERS:
The subject property is not in a geographical area requiring
review by the CRA (Community Redevelopment Agency), DDA
(Downtown Development Authority) or the HPB (Historic
Preservation Board).
Lake Worth Drainaqe District
Lake Worth Drainage District reviewed the annexation request and
indicated that additional right-of-way for the L-34 Canal (along
north property line) is not required.
Palm Beach County Notice:
On April 24, 1995 the Palm Beach County Planning Division-was
notified of the City's intent to annex this property. To date,
a response has not been received.
IPARC Notice:
Notice of the 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:
* Country Club Acres
* Greensward Village Condominium Association (within The
Hamlet development)
Hamlet Residents Association
* PROD (Progressive Residents of Delray)
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
~' ~0bJection, if any, will be presented at the Planning and Zoning
Board meeting..
ASSESSMENT AND CONCLUSIONS:
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 Transitional land use
designation has been the City's advisory designation for the
.past 6 years. ~The application of an initial zoning designation
of POC is consistent with the current advisory land use
designation.
P & Z Board Staff Report
Carusillo and Evans Property - Voluntary Annexation with Initial
Zoning and Small Scale Future Land Use Map Amendment
Page 13
The annexation will provide the property with better Police,
Fire, EMS and Code Enforcement services. The property will
experience an increase in ad valorem taxes. Upon development of
the property for office development, stormwater assessment fees
and occupational license fees will be imposed.
The City will receive additional revenue from Property taxes, in
addition to stormwater assessment fees, utility taxes, franchise
fees, and licensing fees upon development. The total immediate
revenue increase is approximately $ 575.74 a year.
If the annexation is approved, it is anticiPated that a site and
development plan submittal will follow. Compatibility of ~
specific development proposal with the adjacent developments
will be addressed with the review of a site and development plan
request. Concurrency concerns with respect to traffic will
dictate the development time frame.
ALTERNATIVES ACTIONS:
A. Continue with direction.
B. Recommend approval of the Annexation, Small Scale Future
Land Use Map amendment from County HR-8 to City
Transitional and initial zoning designation of POC (Planned
Office Center).
Recommend denial of the annexation, small scale amendment
and initial zoning with the basis stated.
STAFF RECOMMENDATION:
Recommend approval of this Annexation, Small Scale Future Land
Use Map amendment from County HR-8 to City Transitional, and
initial zoning designation of POC (Planned Office Center) 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 similar properties within the City.
Attachments:
* Location Map
* Survey
JC/Y:ANNEVANS.DOC
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ /O~ - MEETING OF JUNE 20. 1995
SECOND READING/PUBLIC aEARING FOR ORDINANCE NO. 29-95
(ANNEXATION. INITIAL ZONING AND SMALL SCALE FUTURE LAND
~$~ MAP AMENDMENT/CARUSILLO AND EVANS PROPERTY~
DATE: JUNE 14, 1995
This is second reading and public hearing for Ordinance No. 29-95
which annexes a 4.17 acre parcel of land located on the west side
of Military Trail, approximately 1,400 feet south of Atlantic
Avenue. The property is vacant and is bounded on the south and
west by the Country Club Acres single family subdivision. The
ordinance establishes initial zoning of POC (Planned Office
Center) District, and also provides for a small scale land use
plan amendment to change from the County's designation of HR-8
(High Density Residential - 8 units/acre) to an official City
designation of Transitional.
The property is located within the City's Planning Area (Future
Annexation Area) and is proposed for annexation by voluntary
petition of the owners. Please refer to the staff report for
further analysis.
The Planning and Zoning Board considered this matter at public
hearing on May 15, 1995. While not opposed to the annexation, the
Board felt that the office zoning was not appropriate at this
location and voted 6 to 0 to recommend that the request be denied.
On June 6, 1995, the Commission voted unanimously to pass the
ordinance on first reading. This is a quasi-judicial matter and
will be conducted as such at the public hearing.
Recommend consideration of Ordinance No. 29-95 on second and final
reading.
7/ '/els 'e l' -/: OO
ref: agmemo9 ~
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF .ANNEXATION
ORDINANCE NO. 29-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELI{AY BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST
SIDE OF MILITARY TRAIL, APPROXIMATELY 1,400 FEET SOUTH OF ATLANTIC AVENUE,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO iNCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR SAID
LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH
COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMMENDMENTS; PROVIDING
FOR THE ZONING THEREOF TO POC (PLANNED OFFICE CENTER) 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 tS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND
SUBDIVISION AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE
HEREINABOVE NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK, CITY
HALL, 100 N.W. 1st AVENUE, DELRAY BEACH, FLORIDA.
~-"~ _~r~)~'1 ,~)(~)~(~ir,~,~ ~ ~e a~ve notice is published as r~uir~ by ~te law. ~e p~ o~na~ ~ ~te
legal description of the pro~ to ~ annex~ may ~ ins~ at ~e ~ ~ ~e C~ C~ at
~[~'. m~ ~' C~ Hall, 1~ N.W. 1st Avenue, Delray ~ach, F~dda, ~n ~e h~m of 8:~ a.m. ~ 5:~
~ ~ ~ p.m., M~y through Fdday, excluding holidays.
~_~--~~ The C~ ~mmission will m~t in ~e Commi~ion C~m~ at C~ Hall ~ ~DAY, J~E ~,
1~5, AT 7:~ P.M. (or at any ~ntinuation of such m~ting ~ ~ ~t by ~e ~mi~l~), at
which time the ordinance will be read by t~le ~ly and all ~ns interest~ ~11 ~ ~en ~
oppoffuni~ to ~ heard. Please be advised that ~ a ~mon d~ides to ~1 ~y ~ ma~
' by the Ci~ Commissi~ with reset to any maker ~nsider~ at ~is ~ad~, s~ ~ will
ne~ a r~ord of these pr~eedin~, and for this pu~e such ~ ~y n~ to ~sum ~t a
ve~tim ~ includes the testim~y and ev~e~ u~n ~ ~ ~1 ~ ~ ~ ~. ~e
C~ ~s ~t provue nor pre.re ~h r~rd. Pum~nt to F.S. 2~.01~.
CI~ OF DELRAY BEACH
Publish: June 9 & 16, 1995 Alison Maimer Ha~
The News C~ Cle~
B~ Rato~Delray ~ach
Ad ~24049
~T¥ OF DELRAY BEACH. FLORIDA NOTICE OF ANNEXATION
ORDINANCE NO. 29-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELBAY BEACH, A PARCEL OF LAND
LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 1,400
FEET SOUTH OF ATLANTIC AVENUE, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY
TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR SAID
LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF
DELRAY BEACH COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO POC (PLANNED
OFFICE CENTER) 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 SUBDIVISION AND/OR METES AND BOUNDS AND A
COPY OF THE ORDINANCE HEREINABOVE NAMED CAN BE OBTAINED FROM THE
OFFICE OF THE CITY CLERK, CITY HALL, 100 N.W. 1ST AVENUE, DELRAY
BEACH, FLORIDA.
(INSERT ATTACHED MAP HERE)
The above notice is published as required, by State law. The
proposed ordinance and complete legal description of the property
to be annexed 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.
The City Commission will meet in the Commission Chambers at City
Hall on TUESDAY° JUNE 20. 1995. AT 7:00 P.M. (or at any
continuation of such meeting which is set by the Commission), at
which time the ordinance will be read by title only and all
persons interested will be given an opportunity to be heard.
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 a record of these
proceedings, and for this purpose such person 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. 285.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
June 9, 1995 Alison MacGregor Harry
June 16, 1995 City Clerk
CARUSILLO & EVANS PROPERTY'
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF LAND USE CHANGE
The City Commission of the City of Delray Beach, .Florida, will consider a
proposed change to the Future Land Use Map for a 4.1.7 acre parcel of
land located on the west side of Military Trail, approximately 1,400 feet
south of Atlantic Avenue (Carusillo and Evans property). The proposal
involves a Land Use Plan Designation change FROM County HR-8 (High
Density Residential - 8 units/acre) TO City Transitional, in conjunction with
annexation of the subject property to the City of Delray Beach.
The City Commission will conduct a Public Hearing on TUESDAY, JUNE
20, 1995, 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 amendment to the Future Land Use Map.
All interested citizens are invited to attend the public 'hearing and comment
upon the proposed Land Use Map Amendment or submit 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 Jeffrey A. Costello at the Planning and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444
(Phone (407) 243-7040), betwen the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MA'I-rER 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: June 14, 1995 ' CITY OF DELRAY BEACH
The News Alison MacGregor Harty
Boca RatOn/Delray Beach City Clerk
Ad~447074
CITY OF DELRAY BEACH. FLORIDA
~QTICE O~ LAND USE CHANGE
The City Commission of the City of Delray Beach, Florida, will
consider a proposed change to the Future Land Use Map for a 4.17
acre parcel of land located on the west side of Military Trail,
approximately 1,400 feet south of Atlantic Avenue (Carusillo and
Evans property).7 The proposal involves a Land Use Plan
Designation change FROM County HR-8 (High Density Residential - 8
units/acre) TO City Transitional, in conjunction with annexation
of the subject property to the City of Delray Beach.
The City Commission will conduct a Public Hearing on TUESDAY.
JUNE 20. 1995. 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 amendment to the Future Land Use Map.
All interested citizens are invited to attend the public hearing
and comment upon the proposed Land Use Map Amendment or submit
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
Jeffrey A. Costello at the Planning and Zoning Department, City
Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone
407/243-7040), between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY 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 DELBAY BEACH
June 14, 1995 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
one standard column wide and six (6) inches long. The headline
[CITY OF DELRAY BEACH, FLORIDA NOTICE OF LAND USE CHANGE] must
be an 18 point bold headline. Thank you.
CITY OF DELRAY BEACH. FLORIDA NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on the following proposed ordinance
at 7:00 P.M. on TUESDAY. JUNE 20. 1995 (or at any continuation of
such meeting which is set by the Commission), in the City
Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida,
at which time the City Commission will consider its adoption.
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, except holidays. All interested parties are invited to
attend and be heard with respect to the proposed ordinance.
ORDINANCE NO. 29-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST
SIDE OF MILITARY TRAIL, APPROXIMATELY 1,400 FEET
SOUTH OF ATLANTIC AVENUE, WHICH LAND IS CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION
FOR SAID LAND TO THE FUTURE LAND USE MAP AS
CONTAINED IN THE CITY OF DELRAY BEACH
COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING
THEREOF TO POC (PLANNED OFFICE C~NTER) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Louis J. Carusillo and Harold R. Evans are the
fee-simple owners of a 4.17 acre vacant parcel of land located on
the west side of Military Trail, approximately 1,400 feet south
of Atlantic Avenue; and
WHEREAS, Burl Gentry, as duly authorized agent for the
fee-simple owners, 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 HR-8 (High
Density Residential - 8 units/acre); and
WHEREAS, the Advisory Future Land Use Map (FLUM)
designation for the subject property in the City of Delray Beach,
Florida, is Transitional; and
WHEREAS, the City's Future Land Use Map designation of
Transitional is consistent with the County FLUM designation of
HR-8 (High Density Residential - 8 units/acre) for the property
hereinafter described; and
WHEREAS~ the City's FLUM designations as initially
contained on the City's Future Land Use Map adopted in November,
1989, and as subsequently amended, are deemed to be advisory only
until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is
part of this proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning
and Zoning Board held a public hearing and considered the subject
matter at its meeting of May 15, 1995, and voted 6 to 0 to
recommend that the requests be denied; and
WHEREAS, the City Commission of the City of Delray
Beach, Florida, finds that the requests are not inconsistent with
the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of
Delray Beach, Palm Beach County, Florida, hereby annexes to said
City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
The East One-Half (E 1/2) of the Northeast
One-Quarter (NE 1/4) of the Northeast One-Quarter
(NE 1/4) of the Northeast One-Quarter (NE 1/4) of
Section 23, Township 46 South, Range 42 East, Palm
Beach County, Florida, LESS the East 65.00 feet,
more or less, of said Section 23, for State Road
right-of-way purposes as shown on the State Road
Department Right-of-Way Map Section No. 93590-2601
for Military Trail (State Road 809) as recorded in
Road Plat Book 2, Page 225, of the Public Records
of Palm Beach County, Florida, and subject to the
claims of the Lake Worth Drainage District based
on the Chancery Case No. 407 of 1915, being the
North 66.00 feet of the above described property,
as now laid out, and more particularly described
as follows:
Commencing at the Northeast corner of said Section
23; thence run S 89 degrees 12' 59" W, a distance
of 63.58 feet to the point of beginning, also
being a point on a curve and a point on the
westerly right-of-way of Military Trail (State
Road 809); thence run along said right-of-way line
and the arc of a curve to the left, said curve
having a central angle of 0 degrees 43' 40", a
radius .of 17,238.80 feet, an arc distance of
218.97 feet, a chord bearing of S 1 degree 05' 52"
E and a chord of. 218.97 to a point of tangent;
thence run S 1 degree 27' 42" E, along said
right-of-way line, a distance of 453.67 feet to a
point; thence run S 89 degrees 00' 59" W, along
the north line of Plat No. 3, Country Club Acres,
a subdivision as recorded in Plat Book 24, Page 32
of the Public Records of Palm Beach County,
Florida, a distance of 269.73 feet to a point;
thence run N ! degree 28' 31" W, along the east
line of Plat No. 4, Country Club Acres, a
subdivision as recorded in Plat Book 24, Page 35
of the Public Records of Palm Beach County,
Florida, a distance of 673.60 feet to a point on
the North line of said Section 23; thence run N 89
degrees 12' 59" E, along said North line a
distance of 271.29 feet to the point of beginning.
The subject property is located on the west side
of Military Trail, approximately 1,400 feet south
of Atlantic Avenue; containing 4.17 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 2, That the Future Land Use Map designation of
the subject property is hereby officially affixed as
Transitional.
~ 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.
~ That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land
hereinabove described is hereby declared to be in Zoning District
POC (Planned Office Center) 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 the annexation and zoning, immediately upon
passage on second and final reading; as to the small scale land
use plan amendment, the date a final order is issued by the
Department of Community Affairs or Administration Commission
finding the amendment in compliance in accordance with Section
163.3184, Florida Statutes, whichever occurs earlier. 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.
The above ordinance is published in full as required by Section
2.03(b) of the City Charter of the City of Delray Beach, Florida.
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 a record of these
proceedings, and for this purpose such person 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
June 9, 1995 Alison MacGregor Harty
City Clerk
Instructions to Newspaper:
This is a standard legal advertisement to be published in the
legal/classified section of the newspaper. There are no special
requirements. Thank you.
TO
AN ORDINANCE OF 1 ! CITY
MISSION OF THE CI1 ~c DELRAy
~BF..ACH, FLORIDA, R )NING AND
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ZONED CED(CENTIiBUSINESS
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'~ (CED) DISTRICTJ,ECTION
~ 4~LIZ(N), 'SPECIAL RE,
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P-EGULAT~ON$ OF THEITY OF
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F.I. JlLOI~ · PUn~nt /o
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City
'! PUBLISH: Ju/le f,
.~ THE NEWS
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on the following proposed
ordinances at 7:00 P.M. on TUESDAY, JUNE 20, 1995 (or at any
continuation of such meeting which is set by the Commission), in
the City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach,
Florida, at which time the City Commission will consider their
adoption. The proposed ordinances 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. to 5:00 p.m.,
Monday through Friday, except holidays. Ail interested parties
are invited to attend and be heard with respect to the proposed
ordinances.
ORDINANCE NO. 29-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 1,400
FEET SOUTH OF ATLANTIC AVENUE, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY
TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR SAID
LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF
DELRAY BEACH COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO POC (PLANNED
OFFICE CENTER) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 30-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, CORRECTING THE FUTURE LAND USE MAP DESIGNATION FROM
GENERAL COMMERCIAL, IN PART, AND TRANSITIONAL, IN PART, TO
COMMERCIAL CORE, FOR PROPERTY LOCATED IN BLOCKS 77, 78 AND 86,
TOWN OF DELRAY PLAT, AS MORE PARTICULARLY DESCRIBED HEREIN,
ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 31-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REESTABLISHING THE SAD (SPECIAL ACTIVITIES DISTRICT)
ZONING CLASSIFICATION FOR A PARCEL OF LAND LOCATED AT THE
SOUTHEAST CORNER OF GEORGE BUSH BOULEVARD AND PALM TRAIL KNOWN AS
MARINA DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN; GRANTING
SITE PLAN APPROVAL WITH CERTAIN CONDITIONS; PROVIDING FOR AN
IMPROVEMENT SCHEDULE FOR THE INSTALLATION OF IMPROVEMENTS TO THE
SITE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
ORDINANCE NO. 32-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD (CENTRAL
BUSINESS DISTRICT), IN PART, GC (GENERAL COMMERCIAL) DISTRICT, IN
PART, AND SAD (SPECIAL ACTIVITIES DISTRICT), IN PART, IN THE
CBD-RC (CENTRAL BUSINESS DISTRICT--RAILROAD CORRIDOR) DISTRICT;
SAID LAND BEING GENERALLY LOCATED IN THE DOWNTOWN AREA ADJACENT
TO THE F.E.C. RAILROAD CORRIDOR, AS MORE PARTICULARLY DESCRIBED
HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
ORDINANCE NO. 33-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT", SUBSECTION 4.4.13(H), "SPECIAL REGULATIONS", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, BY DELETING SUBPARAGRAPHS 4.4.13(H) (3) AND 4.4.13(H) (4)
IN THEIR ENTIRETY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 34-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION
4.5.1(M), "TAX EXEMPTION FOR HISTORIC PROPERTIES", TO AUTHORIZE
AD VALOREM TAX EXEMPTIONS FOR HISTORIC PROPERTIES; ESTABLISHING
REQUIREMENTS AND PROCEDURES; DESIGNATING THE HISTORIC
PRESERVATION BOARD TO REVIEW APPLICATIONS AND MAKE
RECOMMENDATIONS TO THE CITY COMMISSION; ESTABLISHING PENALTIES;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
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 a record of these
proceedings, and for this purpose such person 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 or
prepare such record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
June 9, 1995 Alison MacGregor Harry
City Clerk
*****************************************************************
Instructions to the Newspaper:
This is a standard legal advertisement to be published in the
legal/classified section of the newspaper. There are no special
requirements. Thank you.
ME MQRANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # /~°~'- MEETING 0F JUNE §, 1995
FIRST READING FOR ORDINANCE NO. 29-95 (ANNEXATION.
INITIAL ZONING AND SMALL SCALE FUTURE .LAND USE MAP
AMENDMENT/CARUSILLO AND EVANS PROPERTY)
DATE: JUNE 1, 1995
This is first reading for Ordinance No. 29-95 which annexes a 4.17
acre parcel of land located on the west side of Military Trail,
approximately 1,400 feet south of Atlantic Avenue. The property
is vacant and is bounded on the south and west by the Country Club
Acres single family subdivision. The ordinance establishes
initial zoning of POC (Planned Office Center) District, and also
provides for a small scale land use plan amendment to change from
the County's designation of HR-8 (High Density Residential - 8
units/acre) to an official City designation of Transitional.
The property is located within the City's Planning Area (Future
Annexation Area) and is proposed for annexation by voluntary
petition of the owners. Please refer to the staff report for
further analysis.
The Planning and Zoning Board considered this matter at public
hearing on May 15, 1995. While not opposed to the annexation, the
Board felt that the office zoning was not appropriate at this
locat~ and voted 6 to 0 to recommend that the requests be denied.
Inasmuch as this is a quasi-judicial matter, staff recommends
passage of Ordinance No. 29-95 on first reading to allow for the
formal public hearing which will be scheduled for June 20, 1995.
ref:agmemo9
LEGAL VERIFICATION FORM
FILE # 95-107~/oP'
PROJECT NAME: ANNEXATION AND INITIAL ZONING AND SMALL
SCALE AMENDMENT FOR CARUSILLO AND EVANS PROPERTY
The East one-half (1~ 1/2) of the Northeast one-quarter (NE '1/4) of the Northeast one-
quarter (NE 1/4) of the Northeast one-quart~er (NE,l/4) of Section 23, Township 46
South, Rang~ 42 East, Palm Beach County, Florida, less the East 65.00 feet, more or less,
of said Section 23, for State Road right-of-way purposes as shown on the State Road
Department right-of-way map Section No. 93590-2601 for Military Trail (State Road
809) as recorded in Road Plat Book 2, Page 225, in the Public Records of Palm Beach
County, Florida and subject to the claims of the Lake Worth Drainage District based on
the Chancery Case No. 407 of 1915, being the North 66.00 feet of the above described
property, as now laid out, and more particularly described as follows:
Commencing at the Northeast comer of said Section 23; thence mn S 890 12' 59"W, a
distance of 63.58 feet to the point of beginni:ng, also being a point on a curve and a point
on the westerly right-of-way of Military Trail (State Road 809); thence mn along saiCge,~
right-of-way line and the arc of a curve to the left, said curve having a central angle ot~]ll~
43 40 , a radius of 17,238.80 feet, an arc distance of~8.97 feet, a chord bearing of S 1
/' 0
05' 52"E and a chord of 218.97 tod point of tangenChej/'ce mn S 1. 27' 42"E, along said
right-of-way line, a distance of 453.67 feet to a point)/thence~! mn S 890 00' 59" W, along
the north line of Plat No. 3, Country Club Acres, a~bdivision as recorded in Plat Book
24, Page 32, a distance of 269.73 feet; to a point;/fhence mn N 10 28" 31"W, along the
East line of Plat No. 4, Country Club Acres, a sulfidivision as recorded in Plat Book 24,/
Page 35, in the Public Records of Palm Beach County, Florida, a distance of 673.60 fee~/
to a point on the North line of said Section 23; thence mn N 890 12' 59" E, along said
North line a distance of 271.29 feet, to the point of beginning. The subject property
contains 4.17 acres more or less.
SOURCE of Legal Description: Survey
VERIFIED BY:~__ DATE~
VERIFICATION REQUEST NEEDED BY MAY 31, 1995.
LEGAL DESCRIPTION IN ORDINANCE (No. ) VERIFIED
PRIOR TO SECOND READING
VERIFIED BY: DATE
VERIFICATION REQUEST NEEDED BY 1995.
Ref/ordlegal