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36-95 DISTRIBUTION LIST David Harden, City Manager Bob Barcinski, Assistant City Manager, Administrative Services Linda Turnage, Budget Administrator Susan Ruby, City Attorney Alison MacGregor-Harry, City Clerk Lula Butler, Director of Community Improvement Jerry Sanzone, Building & Inspection Administrator/Chief Building Official Joyce Desormeau, Signs & License Administrator Nancy Davila, City Horticulturist Sandy Roberts, Office Computer Specialist , Deputy Building Official Richard Bauer, Code Enforcement Administrator Dorothy Ellington, Community Development Coordinator Bill Greenwood, Director of Environmental Services Dan Beatty, City Engineer Dick Hasko, Deputy Director for Utilities Richard Corwin, Deputy Director for Public Works Joseph Safford, Finance Director Becky O'Conner, TreasUrer Robert Rehr, Fire Chief Mike Cato, Fire Safety Division Chief Joe Weldon, Director of Parks and Recreation Richard Overman, Police Chief Barbara Schooler, Utility Billing Manager DLM/DIST. DOC PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: DISTRIBUTION LIST FROM: PAUL DORLING, PRINCIPAL PLANNER DATE: AUGUST 29, 1995 RE: SEYMOUR ANNEXATION ( PORTION OF ENCLAVE 1) On August 8, 1995 the City Commission approved on second and final reading the annexation of a vacant parcel of land previously thought to have been annexed in 1988 as part of enclave #1. The subject property is located south of Tangerine Trail (extended) on the east side of Swinton Avenue. The attached map shows the property which is now within the municipal boundaries and under municipal jurisdiction. The following property data is attached for your information. If you have any questions feel free to contact me at ext. 7043. SEYMOUR PROPERTY ANNEXATION (PORTION OF ENCLAVE #1) ANNEXATION BRIEF Property Control number: 12-43-46-04-00-000-7300 Acreage: .51 acres Taxable Value: 8,000 Current Use of the Property_: vacant County Street Address: none City Land Use desi~_nation: Low Density Residential County_ Land Use designation: MR-5 (Medium Residential -5 units per acre) City Zoning Designation: R-tAA (Single Family residential ) County Zoning Desi~_nation: RS (Single Family Residential). Le_~al Description: North 68.51 feet of west 325.77 feet of Northwest 114 of Southwest 114 of Southwest 1/4. AVr_ GULF STREAM / N.W. 2~TH C;T. 2$TH ST. 24114 CT, S'I~EEET PINE RIDGE RO. Iq.F., 22ND - $ N N.~ i' (')1II! : '"' "'~'° I. I Il-I'il"l ?,..,,.,., ,s~,, , '-" scHO¢ N CORRECTIVE ANNEXATION ~ (PORTION OF ENCLAVE //1) Return to: (enclose self-addressed stamped envelope) Name ! IIIII111111111 i1111 III Property Appraisers Parcel Identification (Folio) Number(s): [ITY OF DELRI:IY IH CiTY CLERK AIl-~rimCi~ 1993 CERTIFICATION I, BARBARA GARITO, Deputy City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached document is a true and correct copy of Ordinance No. 36-95, annexing certain property to the City of Delray Beach, as the same was passed and adopted on second and final reading by the City Commission of the City of Delray Beach, Florida, in regular session on August 8, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 8th day of September, 1995. Barbara Garito Deputy City Clerk City of Delray Beach SEAL THE EFFORT ALWAYS MATTERS Recycled Paper Return to: (enclose self-addressed stamped envelope) Name Address: I IIIHIIIIHIli Illll ill Property Appraisers Parcel Identification (Folio) Number(s): [lTV (IF DELRI:I¥ CITY CLERK ,o N.w. All-America City 1993 CERTIFICATION I, BARBARA GARITO, Deputy City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached document is a true and correct copy of Ordinance No. 36-95, annexing certain property to the City of Delray Beach, as the same was passed and adopted on second and final reading by the City Commission of the City of Delray Beach, Florida, in regular session on August 8, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 8th day of September, 1995. Barbara Garito Deputy City Clerk City of Delray Beach SEAL ORDINANCE NO. 36-95 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 SOUTH SIDE OF TANGERINE TRAIL BETWEEN SWINTON AVENUE AND SEACREST BOULEVARD, WITHIN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, 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 R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, -A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida passed the Delray Beach Enclave Act, Chapter 86-427, Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and WHEREAS, the property hereinafter described was to have been annexed in 1988 as authorized by the Delray Beach Enclave Act; and wHEREAS, the subject parcel was identified as part of Enclave %1 which was annexed to the City of Delray Beach by virtue of the Delray Beach Enclave Act by Ordinance No. 111-88, passed and adopted by the Delray Beach City Commission on October 11, 1988; and WHEREAS, it was subsequently discovered that the subject parcel was inadvertently left out and was not annexed with the balance of the enclave properties; and WHEREAS, it is appropriate that this oversight be corrected; and WHEREAS, the 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 ~escribed is presently under the Jurisaiction of Palm Beach County, Florida, having a County Future Land Use Map designation of MR-5 (Medium Residential - 5 units/acre); and WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is Low Density Residential; and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, ana as subsequently amende~, are deemed to be a~visory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of th~s 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 an~ Zoning Board held a public hearing and considered the subject matter at its meeting of JUne 19, 1995, ana voted unanimously to recommend approval; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the change is consistent with and furthers the objectives aha policies of 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 locate~ in Palm Beach County, Florida, which lies contiguous to said City to-wit: The North 68.5! feet of the West 325.77 feet of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW !/4) of the Southwest Quarter (SW !/4) of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida. The subject property is located on the south side of Tangerine Trail, between Swinton Avenue and Seacrest Boulevard; containing 0.5! acres, more or less. - 2 - Ord. No. 36-95 ~ 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 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. ~ 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. ~ That the Future Land Use Map designation of the subject property is hereby officially affixed as Low Density Residential. ~ 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)(0)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 R-l-AA (Single Family Residential) District as defined by existing ordinances of the City of Delray Beach. ~S_~JkD/~_~ 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. - 3 - Ord. No. 36-95 Section 10. That this ordinance shall become effective as follows: As to the annexation, immediately upon passage on second and final reading; as to the small scale land use plan amendment and zoning, thirty-one (31) days after adoption unless there ks a challenge. Affected parties may file a challenge within thirty (30) days of adoption of the amendment. If a challenge is filed, the Department of Community Affairs will issue a final order after the hearing process. PASSED AND ADOPTED in regular session on second and final reading on this the 8th day of August , 1995. ATTEST: First Reading July ii, 1995 Second Reading August 8~ 1995 i - 4 - Ord. No. 36-95 ^w.. GULF STREAM I N.W. 25'iH CT. CULF S'Ir~ ST. N.w. 24TH CT. l ] 24TH A ~gNl~c ~tc, H $c~°°[ STREEET PINE RIDGE RD. N.F- 22ND T-11 I I'"1 I'1 I I, Y', ',"~ ,"~, N CORRECTIVE ANNEXATION ~ (PORTION OF ENCLAVE #1) -- ~ClF~L ~ ~ ~ -- u~ausfac~o ,, ~' "' ofoo~dment SEYMOUR PROPERTY ANNEXATION (PORTION OF ENCLAVE #1) ANNEXATION BRIEF Property_ Control rlumber: 12-43-46-04-00-000-7300 Acrea_ee: .51 acres Taxable Value: 8,000 Current Use of the Property_: vacant County_ Street Address: none City_ Land Use desi_unation: Low Density Residential County_ Land Use desi_unation: MR-5 (Medium Residential -5 units per acre) City_ Zoninu_ Desi_unation: R-1AA (Single Family residential ) County_ Zonin_u Desi_unafion: RS (Single Family Residential). .I,e_oal Description: North 68.51 feet of west 325.77 feet of Northwest 114 of Southwest 114 of Southwest 114. H.Wo 24TH CT. I ~ 24 PINE: RIDGI~ RD. N.E.. 22ND U ~ N ~ ~ST Fl N.I:' 20TM ST. N CORRECTIVE ANNEXATION ~ (PORTION OF ENCLAVE icl) unsatisf~¢ton/ when ree. eiv~. FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State DIVISION OF ELECTIONS Bureau of Administrative Code The Elliot Building 401 South Monroe Street Tallahassee, Florida 32399-0250 (904) 488-8427 September 18, 1995 MS. Alison MacGregor Harty City Clerk City of Delray Beach 100 Northwest 1st Avenue Delray Beach, Florida 33444 Dear Ms. Harty: This will acknowledge your letter of September 8, 1995 and certified copy of Ordinance No. 36-95 annexing certain lands into the City of Delray Beach, which was filed in this office on September 18, 1995. Sincerely, Bureau of Administrative Code LC/mw [ITY I]F i]ELII IY CITY CLERK ~I-~C~ 1993 Septe~er 8, Palm Beach County Clerk of the Circuit Court Recordin~ Department P.O. Box 4177 West Palm Beach, FL 33402-4177 Enclosed please find a certified copy of annexation Ordinance No. 36-95 which was passed and adopted on second and final readin~ by the City Commission of the City of Delray Beach, Florida, in regular session on August 8, 1995. Kindly return the document to this office after it has been recorded. Please bill to the City's Account No. 87211. If you have any questions, please do not hesitate to contact me at 407-243-7050. Sincerely,  Alison MacGregor Harty City Clerk AM~/slm Enclosure THE EFFORT ALWAYS MATTERS Prfnted o~ Recycled Paper [lTV OF DELI:Ii:iV BEI:i[H DELRAY BEACH "-'*'- "'~CITY CLERK ~oo ..w. AII-AmericaCity 1993 September 8, 1995 Florida Department of State Bureau of Administrative Code The Elliot Building 401 South Monroe Street Tallahassee, FL 32399-0250 Enclosed please find a certified copy of annexation Ordinance No. 36-95 which was passed and adopted on second and final reading by the City Commission of the City of Delray Beach, Florida, in regular session on August 8, 1995. Sincerely, Alison MacGregor Harry City Clerk AMH/slm Enclosures: Ordinance No. 36-95 Annexation Brief THE EFFORT ALWAYS MATTERS Printed o~1 Recycled Paper CITY (IF DELRrl¥ BE;I[I( '~~~ CITYCLERK ~oo..w. NI-Americ:a Cit,/ 1993 September 8, 1995 Ms. Jackie Winchester Palm Beach County Supervisor of Elections 301 N. Olive Avenue, Room 105 West Palm Beach, FL 33401 Dear Ms. Winchester: Enclosed please find a certified copy of annexation Ordinance No. 36-95 which was passed and adopted on second and final reading by the City Commission of the City of Delray Beach, Florida, in regular session on August 8, 1995. Sincerely,  Alison MacGregor Harty City Clerk AM/4/slm Enclosures: Ordinance No. 36-95 Annexation Brief THE EFFORT ALWAYS MATTERS Prfnted on Ftecycled Paper £1T¥ OF DELRFIV BEFI[H DELRAY BEACH "~ ~'~ ~~ CITY CLERK ~oo ,.¥,,. is, AvE.u~ · DE~RA~ ,~,~o.. ~,.o,~,D,~ 33,-,~ · ,~o7~2,~3-~ooo AII-AmericaCity 993 September 8, 1995 Solid Waste Authority P.O. Box 24693 West Palm Beach, FL 33416 Enclosed please find a certified copy of annexation Ordinance No. 36-95 which was passed and adopted on second and final reading by the City Commission of the City of Delray Beach, Florida, in regular session on August 8, 1995. Sincerely, Alison MacGregor ~arty City Clerk AMH/slm Enclosures: Ordinance No. 36-95 Annexation Brief THE EFFORT ALWAYS MATTERS Pnnted on Recycled Paper [IT¥ I]F DELIIFi¥ ~ CITY CLERK Nl-A~icaCity 1993 September 8, 1995 Executive Office of the Governor Office of Planning and Budgeting Revenue and Economic Analysis Unit The Capitol Tallahassee, FL 32399-0001 Enclosed please find a certified copy of annexation Ordinance No. 36-95 which was passed and adopted on second and final reading by the City Commission of the City of Delray Beach, Florida, in regular session on August 8, 1995. Sincerely,  ,~Alison MacGregor Harry City Clerk AMH/slm Enclosures: Ordinance No. 36-95 Annexation Brief THE EFFORT ALWAYS MATTERS Pfinted o¢1 P~ecycled Paper [lTV OF DELl:Ii:IV BEI:II:H DELRAY BEACH "~ ~'~ CITY CLERK .oo ,.~v. ,,, ^vE.uE · DEL.^~ ,~^o.. FLo.,D^ 33.~. 4o~3-~ooo NI-AmericaCity · 1993 September 8, 1995 Palm Beach County Dept. of Planning, Zoning & Building 100 Australian Avenue West Palm Beach, FL 33406 Enclosed please find a certified copy of annexation Ordinance No. 36-95 which was passed and adopted on second and final reading by the City Commission of the City of Delray Beach, Florida, in regular session on August 8, 1995. Sincerely,  Alison MacGregor Harry City Clerk AMH/slm Enclosures: Ordinance No. 36-95 Annexation Brief THE EFFORT ALWAYS MATTERS £1T¥ I]F I]ELliI:I¥ BEI:I£H ~ A ~.~ CITY CLERK ,o0 ,.w. 4., AvE,uE · OE.~AV B~O., F,O~,O~ 33,~ · ,0~/~3-~000 1993 September 8, 1995 Mr. Charles Hayes, Controller Waste Management Company 651 Industrial Way Boynton Beach, FL 33426 Dear Mr. Hayes: Enclosed please find a certified copy of annexation Ordinance No. 36-95 which was passed and adopted on second and final reading by the City Commission of the City of Delray Beach, Florida, in regular session on August 8, 1995. Sincerely,  Alison MacGregor Harry City Clerk AMH/slm Enclosures: Ordinance No. 36-95 Annexation Brief THE EFFORT ALWAYS MATTERS Printed o~ Recycle~ Paper [IT¥ OF DELHI:iV ~ CITY CLERK AII-AmedcaCity 1993 September 8, 1995 Mr. Gary Nikolits Palm Beach County Property Appraiser 301 N. Olive Avenue, Floor 5 West Palm Beach, FL 33401-4793 Dear Mr. Nikolits: Enclosed please find a certified copy of annexation Ordinance No. 36-95 which was passed and adopted on second and final reading by the City Commission of the City of Delray Beach, Florida, in regular session on August 8, 1995. Sincerely,  A lison MacGregor Harry City Clerk AMH/slm Enclosures: Ordinance No. 36-95 Annexation Brief THE EFFORT ALWAYS MATTERS P~nte<f on Recycled Paper [lTV OF OELRI:iV BER£H Nl-~'ica City 1993 September 8, 1995 J. R. Harris, Rte. Auditor Waste Management Company 651 Industrial Way Boynton Beach, FL 33426 Dear Mr. Harris: Enclosed please find a certified copy of annexation Ordinance No. 36-95 which was passed and adopted on second and final reading by the City Commission of the City of Delray Beach, Florida, in regular session on August 8, 1995. Sincerely,  Alison MacGregor Harty City Clerk AMH/slm Enclosures: Ordinance No. 36-95 Annexation Brief THE EFFORT ALWAYS MATTERS Printed on Recycled Paper [ITY JIF I)ELARY BER£H DELRAY BEACH ~ CITY CLERK ~00 N.W. 15t AVENUE. DELRAY BEACH, FLORIDA $$444. 407/243-7000 Nl-~,rica City 1993 September 8, 1995 Mr. David Kovacs, Planning Director Palm Beach County 100 Australian Avenue West Palm Beach, FL 33406 Dear Mr. Kovacs: Enclosed please find a certified copy of annexation Ordinance No. 36-95 which was passed and adopted on second and final reading by the City Commission of the City of Delray Beach, Florida, in regular session on August 8, 1995. Sincerely,  A lison MacGregor Harty City Clerk · AMH/slm Enclosures: Ordinance No. 36-95 Annexation Brief THE EFFORT ALWAYS MATTERS Printed on Recycled Pe,oer ORDINANCE NO. 36-95 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 SOUTH SIDE OF TANGERINE TRAIL BETWEEN SWINTON AVENUE AND SEACREST BOULEVARD, WITHIN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, 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 R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida passed the Delray Beach Enclave Act, Chapter 86-427, Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and WHEREAS, the property hereinafter described was to have been annexed in 1988 as authorized by the Delray Beach Enclave Act; and WHEREAS, the subject parcel was identified as part of Enclave %1 which was annexed to the City of Delray Beach by virtue of the Delray Beach Enclave Act by Ordinance No. 111-88, passed and adopted by the Delray Beach City Commission on October 11, 1988; and WHEREAS, it was subsequently discovered that the subject parcel was inadvertently left out and was not annexed with the balance of the enclave properties; and WHEREAS, it is appropriate that this oversight be corrected; and WHEREAS, the property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map designation of MR-5 (Medium Residential - 5 units/acre); and WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is Low Density Residential; 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 June 19, 1995, and voted unanimously to recommend approval; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds 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: Section ~, That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The North 68.51 feet of the West 325.77 feet of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (sw 1/4) of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida. The subject property is located on the south side of Tangerine Trail, between Swinton Avenue and Seacrest Boulevard; containing 0.51 acres, more or less. - 2 - Ord. No. 36-95 ~ 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 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. Sect~Qn 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. ~ That the Future Land Use Map designation of the subject property is hereby officially affixed as Low Density Resid.ntial. Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)4. ~ 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 R-l-AA (Single Family Residential) District 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. ~ 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. - 3 - Ord. No. 36-95 follows: As to the annexation, immediately upon passage on second and final reading; as to the small scale land use plan amendment and zoning, thirty-one (31) days after adoption unless there is a challenge. Affected parties may file a challenge within thirty (30) days of adoption of the amendment. If a challenge is filed, the Department of Community Affairs will issue a final order after the hearing process.. PASSED AND ADOPTED in regular session on second and final reading on this the 8th day of August , 1995. ATTEST: e ty Clerk - -- First Reading July 11, 1995 Second Reading August 8, 1995 - 4 - Ord. No. 36-95 ^v~. GULF' STREAM BOU GULF STRE N.W. CT. FLY/. 25111 ST. N.W. 24'iH CT. N.¥/. 24TH HlU'~ '" STREEET PINE RIDGE RD. H.F.. 22ND N CORRECTIVE ANNEXATION ~ (PORTION OF ENCLAVE #1) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # /0 ~ - MEETING OF AUGUST/f, 1995 SECOND READInG/PUBLIC HEARING FOR ORDINANCE NO. 36-95 (ANNEXATION, INITIAL ZONING AND SMALL SCALE FUTURE LAND USE MAP AMENDMENT/SEYMOUR PROPERTY) DATE: JULY 26, 1995 This is second reading and public hearing for Ordinance No. 36-95 which annexes a 0.51 acre parcel of land located on the south side of Tangerine Trail, between Swinton Avenue and Seacrest Boulevard. This property was identified as part of the area which was annexed to the City in 1988 as Enclave #1 during the Delray Beach Enclave Act annexations. It was subsequently discovered that the subject property was inadvertently omitted and was not annexed with the balance of the properties in Enclave #1. To correct this error, the City Commission initiated its annexation, Future Land Use Map amendment and initial zoning on September 27, 1994. The ordinance establishes initial zoning of R-i-AA (Single Family Residential) District, and provides for a small scale land use plan amendment to change from the County's designation of MR-5 (Medium Density Residential - 5 units/acre) to an official City designation of Low Density Residential. Please refer to the staff report for further analysis. The Planning and Zoning Board first considered this matter at public hearing on October 17, 1994. Action was postponed pending the property owner's consent to the stormwater assessment fee, which has been obtained. The Board again considered this matter on June 19, 1995, and voted unanimously to recommend that it be approved. At first reading on July 11, 1995, Commission passed the ordinance by unanimous vote, subject to a change in the effective date wording at Section 10 requested by the City Attorney. The change has been made. Recommend approval of Ordinance No. 36-95 on second and final reading. ref: agmemo9 ME MQRANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~fi~ SUBJECT: AGENDA ITEM ~ /~ ~ - MEETING OF JULY 11. 1992 FIRST READING FOR ORDINANCE NO. 36-95 (ANNEXATION. INITIAL ZONING AND SMALL SCALE FUTURE LAND USE MAP AMENDMENT/SEYMOUR PROPERTY) DATE: JULY 7, 1995 This is first reading for Ordinance No. 36-95 which annexes a 0.51 acre parcel of land located on the south side of Tangerine Trail, between Swinton Avenue and Seacrest Boulevard. This property was identified as part of the area which was annexed to the City in 1988 as Enclave #1 during the Delray Beach Enclave Act annexations. It was subsequently discovered that the subject property was inadvertently omitted and was not annexed with the balance of the properties in Enclave #1. To correct this error, the City Commission initiated its annexation, Future Land Use Map amendment and initial zoning on September 27, 1994. The ordinance establishes initial zoning of R-I-AA (Single Family Residential) District, and provides for a small scale land use plan amendment to change from the County's designation of MR-5 (Medium Density Residential - 5 units/acre) to an official City designation of Low Density Residential. Please refer to the staff report for further analysis. The Planning and Zoning Board first considered this matter at public hearing on October 17, 1994. Action was postponed pending the property owner's consent to the stormwater assessment fee, which has been obtained. The Board again considered this matter on June 19, 1995, and voted unanimously to recommend that it be approved. Recommend approval of Ordinance No. 36-95 on first reading. If passed, a public hearing will be held on August 1, 1995. ref: agmemo9 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIREC'FO~ / DEPARTME~IT OF PLANNING AND ZONING PRINCIPAL PLANNER SUBJECT: MEETING OF JULY 11, 1995 CONSIDERATION OF ANNEXATION WITH INITIAL ZONING OF R-l-AA AND SMALL SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY MR-5 TO CITY LOW DENSITY RESIDENTIAL ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an annexation (pursuant to Delray Beach Enclave Act HB 1061) with initial zoning of R-l-AA and Small Scale Future Land Use Map Amendment from County MR-5 to City Low Density Residential. The subject property is located on the south side of Tangerine Trail between Swinton Avenue and Seacrest Boulevard. BACKGROUND: This item involves a parcel that was to have been annexed in 1988 as authorized by the Delray Beach Enclave Act. The Delray Beach Enclave Act (HB 1061) was enacted by the 1986 Florida Legislature. An enclave report was subsequently prepared for all properties identified in the Act (Enclaves 1-70). The subject parcel was identified as part of Enclave #1 which was eligible for annexation under the Act. Recently, it was discovered that the subject parcel (.51 acres) was inadvertently left out and was not annexed with the balance of the enclave properties. To correct this error, the City Commission initiated the Annexation, Future land Use Map Amendment and initial zoning of the property on September 27, 1994. A full analysis of the request is included in the attached Planning and Zoning Board staff report. City Commission Documentation Annexation with Initial Zoning of R-l-AA & Small Scale FLUM Amendment from County MR-5 to City Low Density Residential Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board first considered the annexation, Future Land Use Map Amendment and initial zoning at a public hearing on October 17, 1994. Action on the request was postponed until issues relating to consent by the owner to the Stormwater Assessment Fee could be resolved. The applicant has since executed a Stormwater Assessment consent form. The Planning and Zoning Board again considered this item at its meeting of June 19, 1995. The Board voted unanimously (7-0) to recommend to the City Commission approval of the request. RECOMMENDED ACTION: By motion, approve the involuntary annexation of the subject property pursuant to the Delray Beach Enclave Act, Small Scale Land Use Map Amendment from County MR-5 to City Low Density, and initial zoning of R-l-AA (Single Family Residential) based upon positive findings with respect to Section 3.1.1, Section 3.3.2 and Section 2.4.5(D)(2) and policies of the Comprehensive Plan and the following: · That the property is contiguous, reasonable compact and does not create an enclave; and, · That services will be provided to the property in a manner similar to other similar properties within the City. Attachments: * P&Z Staff Report of June 19, 1995 S:/ENLCAVE,DOC PLANNING AND ZONING MEMORANDUM STAFF REPORT MEETING OF: JUNE 19, 1995 AGENDA ITEM: V.A. ANNEXATION WITH INITIAL ZONING OF R-1AA DISTRICT AND SMALL SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY MR-5 TO CITY LOW DENSITY RESIDENTIAL ITEM, BEFORE THE BOARD: The item before the Board is that of making a recommendation on an involuntary annexation (pursuant to the Delray Beach Enclave Act HB 1061), Small Scale Future Land Use Map amendment from County MR-5 (Medium Residential) to "' City LD(Low Density)and application of an initial zoning designation of R-l-AA (Single Family ). LDR Sections 2.4.5 (A)(C)(D) provide the rules and procedures for processing of this petition. The subject property is located on the south side of Tangerine Trail between Swinton Avenue and Seacrest Boulevard. BACKGROUND; This item involves a parcel that was to have been annexed in 1988 as authorized by the Delray Beach Enclave Act. The Delray Beach Enclave Act (H.B. 1061) was enacted by the 1986 Florida Legislature. This Act provided a mechanism for annexation of numerous enclaves within the City's Planning Area. The Act excluded all provisions of the standard annexation processes required by F.S.' 170.0413 except for the requirements to develop an urban services plan. A local referendum required by the Enclave ACt was approved by voters in November, 1986. An enclave report was subsequently prepared for all properties identified in the Act (Enclaves 1-70). The subject parcel was identified as part of a enclave that was eligible for annexation under the Act. It was to be annexed as part of Enclave #1. V.A. P&Z Staff Report Annexation with Initial Zoning of R-1 aa District and Small Scale Future Land Use Map Amendment from County MR-5 to City Low Density Residential Page 2 On August, 1988 the Planning and Zoning Board recommended approval of the annexation and initial zoning for parcels within Enclave #1. On October 11, 1988 the City Commission approved the annexation and initial zoning of Enclave #1 via Ordinance 111-88. Recently, it was discovered that the subject pamel (.51 acres) was inadvertently left out and was not annexed with the balance of the enclave properties.' To correct this error, the City Commission initiated the Annexation , Future Land Use Map amendment and initial zoning of the property on September 27, 1994. The Planning and Zoning Board considered the Annexation, Future Land Use Map amendment and initial zoning at a public hearing on October 17, 1994. Action on the request was postponed until issues relating to .consent by the owner to the Stormwater Assessment Fee could be resolved. The issue revolved around the need by Florida Statute 197.3632 (4)(a) to adopt the existing non-ad valorem assessment by public hearing if newly affected property owners have not provided written consent to the local government. This public hearing process as described by Florida Statute 197.3631. would have required first class notice of every property owner subject to the assessment ( entire city ). The applicant has been contacted and has executed a Stormwater Assessment consent form. The City initiated Annexation, Future Land Use Map amendment and initial zoning request is once again before the Planning and Zoning Board. PETITION ANALYSIS: The required findings for annexations pursuant to Florida Statutes and the LDR's are discussed in the attached staff report of October 17, 1994. A positive finding to each is made. The Future Land Use Map amendment is being processed as a small scale amendment which now pursuant to H.B. 1659 is exempt from state review (DCA) unless there is an appeal. Positive findings of compatibility between City and County Land Use Map designations, Consistency. with the City's Comprehensive Plan, Chapter 3.1.1., Section 3.3.2.(Performance Standards) and Sections 2.4.5.(D)(2)(rezoning findings) are made within the attached report. ASSESSMENT AND CONCLUSION; Accommodating the annexation of this property and affixing an initial zoning designation of ' R-l-AA is consistent with the City's program of annexation of territory within its planning and service area. In addition the annexation will eliminate an enclave, which was the intent of the Delray Beach Enclave Act and the policy of the State under the Elms III legislation. P&Z Staff Report Annexation with Initial Zoning of R-I aa District and Small Scale Future Land Use Map Amendment from County MR-5 to City Low Density Residential Page 3 The previous concern with respect to the need to obtain consent to the Stormwater Assessment Fee has been resolved through the execution of the consent form by the new owner, of the property. With the consent by the property owner to the Stormwater Assessment Fee notice to all property owners in the City can be avoided. ALTERNATIVES: A. Continue with direction B. Recommend approval of the annexation, Small Scale Land Use Map Amendment from County MR-5 (Medium Residential) to City LD (Low Density) and initial zoning of R-l-AA. ': C. Recommend denial of the Annexation, Small Scale Land Use Map ~' Amendment and ihitial zoning with the basis stated. STAFF RECOMMENDATION: Recommend to the City Commission approval of .this involuntary annexation pursuant to the Delray Beach Enclave Act, Small Scale Land Use Map amendment from County MR-5 to City Low Density, and initial zoning of R-l-AA (Single Family) based upon positive findings with respect to Section 3.1.1. Section 3.3.2. and Section 2.4.5 (D)(2) and policies of the Comprehensive Plan and the following: * That the property is contiguous, reasonable compact and does not create an enclave. * That services will be provided to the property in a manner similar to other- similar properties within the City. y:pzmeann ' PLANNING ZONING BOA · CITY OF DELRA¥ BEACH TAFF REPORT MEETING DATE: October 17, 1994 AGENDA ITEM: V.C. ITEM: Annexation, FL~l~Amendment from County MR-5 (Medium Residential/5 Units per Acre) "to City Low Density/O-5 Units per Acre and Initial Zoning of R-1AA. GENERAL DATA: Owners/Applicants ........ Walter F. Seymour Location...~ .............. East side of Swinton Avenue, North of Pine ............. .Ridge Road Property Size ............ 0.51 Acres City Land Use Plan ....... Low Density Residential County Land Use Plan ..... MR-5 (Medium Residential - 5 units/acre) Current County Zoning .... RS (Single.Family Residential) Proposed City zoning ..... R-i-AA (Single Family Residential') Adjacent Zoning .......... North: East: NC South: R-l-AA .... West: CF Existing Land Use ........ Vacant Water Service ....... .... Existing 8" water main in the Tangerine Trail right-of-way sewer Service .Existing 8" sewer main in the Tangerine Trail rig.t-o~-wa~ I T E M B'E F 0 R E T H E B O A R D: The item before the Board is that of making a recommendation on an involuntary annexation (pursuant to the Delray Beach Enclave Act HB 1061), Small Scale Future Land Use .Map amendment from County MR5 (Medium Residential) to City LD (Low Density) and an initial zoning of R-1AA (Single Family). LDR Sections 2.4.5 (A),(C), and (D) provide the rules and procedures for processing of this petition. The subject property is located on the south side of Tangerine Trail between Swinton Avenue and Seacrest Boulevard. B A C K G R 0 U N D: ThroUgh the` 1980s the City of Delray Beach experienced · cOnsiderable growth in its municipal boundaries thrOugh annexation. TheSe annexations were .typically in exchange for connection to municipal _water and sewer systems and receipt of ~ ~ 'Fire and Police service. The result of this explosiVe, unplanned growth was a jurisdictional configuration which was described in 1985 as resembling "swiss cheese". Enclaves ranging from an isolated 10,000 sq.ft, lot to a 108 acre subdivision existed. The resulting "swiss cheese" development pattern created jurisdictional fragmentation which led to land use battles between the City and the' County, service delivery problems among Fire, Police, Solid Waste, Recreation, and Library'service providers, lack of the programming for the provision of central (community) water and sewer facilities, and a general degradation of neighborhoods. In response to these problems, the 1986 legislature Passed House Bill 1061, hereafter referred to as the Delray Beach Enclave Act, which allowed the City of Delray Beach to Unilaterally annex defined enclaves. The Delray Beach Enclave Act required preparation of an Urban Services report which was prepared and approved by City Commission. This urban service report identified 71 distinct enclaves which were eligible for annexation under the Act. These enclaves Were annexed during the period of April, 1988 through the spring of 1989. The subject parcel was identified as part of Enclave No. 1, which was annexed via Ordinance 111-88 on October 11, 1988. During preparation of the associated annexation ordinance this property was inadvertently omitted. The parcel has been included within the City on the City Zoning and Land Use Maps as wel,1 as the County Zoning and Land Use Maps. The omission was discovered recently during review of the property appraiser's maps, which continue to identify the parcel as being within the County. '" P&Z Board Staff C)ort C Enclave #1 Prope~"uY Annexation/Intial Zoning (R-1AA) and Smale Scale FLUM Amendment Page 2 This omission was brought to the attention of the City Commission at its meeting of September 12, 1994. The Commission initiated the Annexation, Small Scale Future Land Use Map amendment, and initial zoning at that meeting. PROJECT DESCRIPTION: The subject property is a .51 vacant lot located south of. Tangerine Trail between Seacrest Boulevard and Swinton Boulevard. The parcel is approximately 69 ' x 326 ' which apparently is being utilized by the neighbor to the south as an. extension of his yard. Accompanying the annexation is a Future. Land Use Map change from the existing County Land Use Map designation of Medium Density Residential to the City Land Use Map designation of Low Density Residential with an initial zoning of R-1AA. ANNEXATION ANALYSIS: 'FlOrida Statutes GoverninqAnnexations: Pursuant to the Delray Beach Enclave Act the City of Delray Beach is authorized to annex enclaves which are within the general boundaries of the City of Delray Beach as identified in the Act. This enclave was.identified as an eligible parcel Within the Act. The required Enclave Act referendum was held on November 4, 1986 wherein the Enclave Act was approved by a single majority vote of the qualified electors. The required Urban Service report was prepared and approved by City COmmission in 1988. The Urban Service Report (known as the Enclave Report) discussed the impacts, LOS (level of service) standards and necessary infrastructure associated with Enclave #1. Land Development Regulations Governing Annexations: ' Pursuant to Land Development Regulation Section 2.4.5 (C)(1) "the City may initiate an annexation of private property pursuant to Florida Statutes". Pursuant to Section 2.4.5 (C)(4) in addition to findings required for action on the initial zoning application, the City Commission must make findings that the annexation will not create a new County enclave and that the annexation is consistent with Objective B-3.4 of the Land Use Element (see discussion under Comprehensive Plan Analysis). The annexation will not create an enclave and in fact will eliminate an existing one. The annexation of this parcel is consistent with the Comprehensive Plan Annexation Policy B 3.4 (see discussion under Comprehensive Plan Analysis section). P&Z Board Staff Cp°rt C" Enclave #1 Property Annexation/Intial Zoning (R-1AA) and Smale Scale FLUM Amendment Page 3 COMPREHENSIVE PLAN ANALYSIS: Small Scale Future Land Use Map Amendment process: This petition is being processed as a small scale development pursuant to Florida Statute 163.3187, which can be processed without regard to the twice a year restriction placed on regular Future Land Use Map amendments. To qualify as a small scale Land Use Map amendment the following criteria must be met; * The proposed amendment involves residential land uses which are less than 10 acres in size and less than 10 units per acre; * The cumulative effect of the amendments shall not exceed 60 acres'annually; * The proposed amendment does not involve the same Owner's' property more than once a year; and, * The proposed amendment does not involve the same property owners property within 200 feet of property granted a change within the prior 12 months. This change is a residential designation of less than 10 units per acre and is less than 10 acres in size. The cumulative effect of all small scale amendments this year do not exceed 60 acres. This property owner has not processed a small scale amendment on this property or for property within 200 feet in the last year. Thus, the criteria for processing as a small scale amendment is met. Consistency Between the city and County Land Use Designations: The City's current Future Land Use Map designation for the parcel is LD (Low Density Residential- 0-5 units per acre). The County's Land Use Designation is MR5 (Medium Residential 5 units per acre). The City's Low Density Future Land Use Map designation is consistent with the County's Medium Residential Future Land Use Map designation. The City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989 (and as.formally subsequently amended) are deemed to be advisory only until an official Land Use Map Amendment is processed. Adjacent Land Use Map desiqnations and Land Uses: The surrounding Land Use Map designations to the north and south is LD (Low Density Residential), to the east is Transitional, and to the west is Recreation and Open Space. P&Z Board Staff ~'"port Enclave ~1 Property Annexation/Intial Zoning (R-1AA) and Smale Scale FLUM Amendment Page 4 The existing Land Uses to the north is vacant, to the south is residential, to the east vacant commercial (former HRS office) , and to the west the Unity church and school. Consistency with the City's Comprehensive Plan: Desiqnated Annexation Area: This requested annexation, is consistent with Policy B-3.4 of the City's Future Land Use Element which calls for the annexation of eligible properties. The property' is not shown within the "designated annexation area" as this area was presumed to have been annexed when the Comprehensive Plan was adopted in 1989. Provision of Services: When annexation of property-occurs, services should.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 .potential provision levels. Police: Annexation will not require additional manpower, as · the police currently-'pass the property while patrolling areas of the City to the south, east, and west of the parcel. Fire and Emergency Services: The annexation of this area will not require additional manpower. The municipal area is served by Fire Station No. 1 (West Atlantic Avenue). Water: An 8" water main exists within Seacrest Boulevard and a new 8" water .main has been installed within Tangerine Trail.' The Tangerine Trail main is part of the scheduled Enclave #1 improvements. Fire suppression is provided along Swinton Avenue and Tangerine Trail via existing fire hydrants. Sewer: An 8" gravity sewer main has recently been installed within Tangerine Trail as part of scheduled enclave improvements. This 8" main'gravity feeds into Lift station No# 105 located on the west side of Swinton Avenue. Streets and Traffic~ This'parcel has access to Tangerine Trail which is being repaved to the parcel's east property line. The balance of Tangerine Trail along the northern border of the parcel is a dirt road. At present the property owner to the south appears to be utilizing the area as an extension of his yard. Given the nature of the existing development no additional access appears to be needed at this time. With future development access from a paved street will be required. Parks and Open Space: The annexation of this residential properties will create little additional impacts on park and recreational facilities. No park deficiencies are noted in this part of the City. P&Z Board Staff(' port Enclave #1 Property Annexation/Intial Zoning (R-1AA) and Smale Scale FLUM Amendment Page 5 Solid Waste: At this time no solid waste service is provided to the site. If the site is developed in the future the parcel will be receive service from the current City provider. Fiscal Impacts: Affect Upon the Annexed ProDerty: For the 1994 tax year this parcel had an assessed value of $8,000..This property does not qualify for homestead'or other exemptions therefore the taxable value is $8,000. With the change from County to City Jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millaqe With Annexation Fire/Rescue MSTU 2.5539 Deleted (County) Library .4437 Deleted (County) City of Delray Beach 6.88 Added .(City) City of DelrayBeach'Debt 1.07 Added (City) ..... +4.9524 * · Total tax millage in the County is 20.2264 mills while in the City the total rate is 25.1788 mills. The tax increase for this property':Wil-1 be $39i62i'!'a:'Year? In addition the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility: -As this parcel is vacant the City assessment will be zero, based upon the combined impervious area of the buildings parking areas etc. If developed with impervious areas a stormwater fee will be assessed. Water/Sewer Rate Reduction: The annexation of this property would not have a monetary impact with respect to the utility fund, as the property does not currently receive municipal water and sewer service. ' Fiscal Impacts to the City: At the 1994 City operating millage' rate of 6.88 mills and debt rate of 1.07 mills, the property will generate approximately $63.60 in ad valorem taxes per year. ZONING ANALYSIS: The proposed initial City Zoning of the property is R-1AA (Single Family) The current County zoning designation for the property is Residential Single Family. The surrounding zoning designations are R-1AA to the north and south, to the east is NC (Neighborhood Commercial) and to the west is CF (Community Facility). The City zoning designation of R-1AA is consistent with the existing County designation of Residential Single Family. Upon annexation only the City zoning designation is applicable. P&Z Board Staff%port Enclave #1Propebty Annexation/Intial Zoning (R-1AA) and Smale Scale FLUM Amendment Page 6 R E Q u I R E D F I N D I N G S: (CHAPTER 3) Pursuant to Section 3.1.1 (Required Findings), prior to the · approval of development applications, certain findings must be made in a form which is part of the official record. This may '" be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The proposed R-1AA zoning designation is' consistent with the underlying "Low Density" land use designation. -' · Concurrency: Facilities which are provided by, or thr0ugh,'.the City shall Ge provided to new development concurrent with - issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal involves the annexation of a small vacant parcel that is cqrrently not receiving service. Compliance with Land Development Regulations: Upon. annexation any future deVelopment of the property will require compliance with the City' Land Development Regulations. Consistency: Compliance with the performance standards set forth in Section 3.342 (Zoning), along with the required findings in Section' 2.4.5, shall be the basis upon which a finding of overall - consistency Is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making of a finding of overall consistency. The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) Performance Standard 3.3.2(A) states that a rezoning to other than CF within stable residential areas shall be denied. The area is a stable residential area, and a similar and consistent initial zoning designation is being sought. P&Z Board Staff~' port Enclave #1 Property Annexation/Intial Zoning (R-1AA) and Smale Scale FLUM Amendment Page 7 B) Performance Standard 3.3.2(D) states: That the rezoning shall result in allowing land uses which are deemed compatible With adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial zoning designation of R-lA is consistent and compatible with the adjacent land uses. Pursuant to Section 2.4.5(D)(1), a Justification statement providing the reason for which the change is being sought must accompany all rezoning requests. The Code further ldent~fies certain valid reasons for approving the change being sought. As this zoning petition involves an initial zoning designation to be assigned to a property being annexed, the above section does not apply. REVIEW BY OTHERS: COUNTY NOTICE: On September 14, 1994 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. PUBLIC NOTICE: Certified notice has b~en provided to the property owner of record. In addition~ notice to all properties within 500 feet was given. Courtesy notices were also sent to Deborah Dowd (Northeast Neighborhood). ASSESSMENT AND'CONCLUSIONS: Accommodating the annexation of this property and affixing' an initial City zoning designation of R-1AA is consistent with the the City's program for annexation of territory within 'its Planning and Service area. In addition, the annexations will eliminate an enclave, which was.the intent of the Delray Beach Enclave Act and the policy of the State under the new Elms III legislation. The annexed area will experience a slight increase in taxes. However, with the increased taxes and fees will come better City services. P&Z Board Staff~'~port C Enclave #1 Property Annexation/Intial Zoning (R-1AA) and Smale Scale FLUM Amendment Page 8 ALTERNATIVES: A. Continue with direction. B. Recommend approval of the annexation, small scale land use amendment 'from County MR5 (Medium Residential) to City LD '. (LOw Density) and initial zoning of R-1AA. C. Recommend denial of the Annexation, Land Use Plan Amendment and'initial zoning with the basis stated. · .- S T A F F · R E C O M M E N D A T i O N: Recommend to'the City Commission' approval of this inVoluntary annexation pursuant to the Delray Beach Enclave Act, Sm~ll Scale - Land-Use amendment from County MR5 to City Low Density, and .initial zoning of ~R, 1AA (Single .-Family) based upon positive · .. ~-.' findings ~With- reSpect. to ' Section .3.1-.1,-~Section 3.3.1 .and policies of the Comprehensive Plan and the following: ·That the property is contiguous, reasonably compact and does not create an enclave. · That services will be provided to the property in a manner similar to other similar properties within the City. Report prepared by: Paul D°rling, Principal Planner 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. AUGUST 1. 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 Hail, 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. 36-95 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 SOUTH SIDE OF TANGERINE TRAIL BETWEEN SWINTON AVENUE AND SEACREST BOULEVARD, WITHIN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, 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 ~LAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida passed the Delray Beach Enclave Act, Chapter 86-427, Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and WHEREAS, the property hereinafter described was to have been annexed in 1988 as authorized by the Delray Beach Enclave Act; and WHEREAS, the subject parcel was identified as part of Enclave %1 which was annexed to the City of Delray Beach by virtue of the Delray Beach Enclave Act by Ordinance No. 111-88, passed and adopted by the Delray Beach City Commission on October 11, 1988; an~ WHEREAS, it was subsequently discovered that the subject parcel was inadvertently left out and was not annexed with the balance of the enclave properties; and WHEREAS, it is appropriate that this oversight be corrected; and WHEREAS, the property hereinafter described is contiguous to the corporate limits of the City of Delray ~each, Florida; and W~EREAS, the City of Delray Beach has heretofor~ been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map designation of MR-5 (Medium Residential - 5 units/acre); and WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is Low Density Residential; 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 June 19, 1995, and voted unanimously to recommend approval; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds 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 the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The North 68.51 feet of the West 325.77 feet of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida. The subject property is located on the south side of Tangerine Trail, between Swinton Avenue and Seacrest Boulevard; containing 0.51 acres, more or less. $~¢tion 2, That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3.. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as Low Density Residential. ~ 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 ?, 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 R-l-AA (Single Family Residential) District 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. ~ 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, thirty-one (31) days after adoption unless there is a challenge. Affected parties may file a challenge within thirty (30) days of adoption of the amendment. If a challenge is filed, the Department of Community Affairs] will issue a final order after the hearing process. The above ordinanbe 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 July 21, 1995 Alison MacGregor Harry City Clerk InstructioBs 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. CITY OF DELRAY BEACH, FLORIDA NOTICE OF ANNEXATION AND ZONING ORDINANCE NO. 36-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEX- ING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF TANGERINE TRAIL BETWEEN SWINTON AVENUE AND SEACREST BOULEVARD, WITHIN SEC- TION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, 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 R-l-AA (SINGLE FAMILY RESI- DENTIAL) 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. I ~ORRECTIVE ANNEXATION .-- (PORTION OF ENCLAVE ,1) )~J The above notice is published as required by State law. The pr·posed ordinance and complete legat 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 ...j · through Friday, excluding holidays. Pursuant to the Delray Beach Enclave Act (Chapter 86-247), Laws of Florida, the City Commission will i meet in the Commission Chambers at City Hall On TUESDAY. AUGUST 1. 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 con- ~-. sidered 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 ES. 285.0105. PUBLISH: THE NEWS - Boca Raton/Delray Beach ; ' ' " CITY OF DELRAY BEACH July 21, 1995 Alison MacGregor Harty July 28, 1995 City Clerk i Ad #447099 CITY OF DELRAY BEACH. FLORIDA NOTICE OF ANNEXATION AND ZONING ORDINANCE NO. 36-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY ~EACH, FLORIDA, ANNEXING TO THE CITY OF DELRA¥ BEACH, A PARCEL O~ LAND LOCATED ON THE SOUTH SIDE OF TANGERINE TRAIL BETWEEN SWINTON AVENUE AND SEACREST BOULEVARD, WITHIN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, 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 R-l-AA (SINGLE FAMILY RESIDENTIAL) 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. Pursuant to the Delray Beach Enclave Act (Chapter 86-247), Laws of Florida, the City Commission will meet in the Commission Chambers at City Hall on TUESDAY. AUGUST 1. 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 July 21, 1995 Alison MacGregor Harry July 28, 1995 City Clerk INSTRUCTIONS TO NEWSPAPER: This notice must be no less than 1/4 page in size and the headline (CITY OF DELRA¥ BEACH, FLORIDA - NOTICE OF ANNEXATION AND ZONING) must be in a type no smaller than 18 point. The ad is not to be placed in that portion Qf the newspaper where legal notices and classified ads appear. Thank you. CORREC'rlVE ANNEXATION (PORTION OF ENCLAVE ~1) 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 0.51 acre parcel of land located on the south side of Tangerine Trail between Swinton Avenue and Seacrest Boulevard, within Section 4, Township 46 South, Range 43 East, Palm Beach Country, Florida (Seymour property). The proposal involves a Land Use Map Designation change FROM County MR-5 (Medium Residential - 5 units/acre) ::IQ City Low Density Residential, in conjunctiofl with annexation of the subject property to the City of Delray Beach. The City Commission will conduct a Public Hearing on TUESDAY. AUGUST 1. 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, Delrey Beach, Florida. At this meet- ing the City Commission intends to adopt this amendment to the Future Land Use Map. The title of the enacting ordinance is as follows: ORDINANCE NO. 36-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORI- DA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF TANGERINE TRAIL BETWEEN SWlNTON AVENUE AND SEACREST BOULEVARD, WITHIN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, 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 R-loAA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. A MAP (not to scale) DEPICTING THE AREA COVERED BY THE PROPOSED ORDINANCE 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 Cfl'Y CLERK, CITY HALL, 100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA. All interested citizens are Invited to attend the pobiic hearing and comment upon the proposed Land Use Map Amendment or submit their comments in writing on or before the date of this bearing to the Planning and Zoning Department For further information or to obtain copies of the proposed amendment, please contact Paul Dorling at the Planning and Zoning Department, City Hall, i00 N.W. ist Avenue, Delray Beach, FIoride 33444 (Phone 407/243- 7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holi- PLEASE BE ADVISED THAT tF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATrER 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. 286.0i05. PUBLISH: THE NE'WS Boca RatonJDelray Beach CITY OF DELRAY BEACH July 26, 1995 Alison MacGregor Harry Ad #447100 City Clerk QIT~ OF DELRAY BEACH. FLORIDA NOTICE 0r 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 0.51 acre parcel of lan~ located on the south side of Tangerine Trail between Swinton Awenue and Seacrest Boulevard, within Section 4, Township 46 SourS, Range 43 East, Palm Beach County, Florida (Seymour property). The proposal involves a Land Use Map Designation change FROM County MR-5 (Medium Residential - 5 units/acre) TO City Low Density Residential, in conjunction with annexation of the subject property to the City of Delray Beach. The City Commission will conduct a Public Hearing on TUESDAY. ~U~UST 1, 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. The title of the enacting ordinance is as follows: ORDINANCE NO. 36-95 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 SOUTH SIDE OF TANGERINE TRAIL BETWEEN SWINTON AVENUE AND SEACREST BOULEVARD, WITHIN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, 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 R-I-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. A MAP (not to scale) DEPICTING THE AREA COVERED BY THE PROPOSED ORDINANCE 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) Ail 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 Paul Dorling at the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delra¥ 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 DELRAY BEACH July 26, 1995 Alison MacGregor Harty City Clerk ***************************************************************** Instructions ko Newsp~pgr~ This ad is not to appear in the legal advertisement section of the newspaper. The ad must be at least two (2) columns wide by ten (10) inches long. The headline [CITY OF DELRA¥ BEACH, FLORIDA NOTICE OF LAND USE CHANGE] must be an 18 point bold headline. Thank you. FUTURE LAND USE MAP CHANGE JIF DELRItV BEII[H CITY ATTORNEY'S OFFICE Ali. America City Date: September 7, 19.94 ]993 To: Paul Dorling, Principal Planner From: Susan A. Ruby, City Attorney Subject: Annexation of a Parcel Omitted During Enclave Annexations (Part of Enclave No. 1) In your memorandum of August 30, 1994, you indicated that in reviewing the Property Appraiser's maps, it has been discovered that a parcel which was identified in Enclave No. 1 and referenced in the Enclave Act was inadvertently not annexed with the balance of the enclave properties. It is my opinion that this oversight can be corrected. Relying on the fact that you have indicated that the parcel outlined in green in the 1987 Enclave Act Study Map A is included in the legal description contained with the Enclave Act, it'is our office's opinion that it would be appropriate to remedy the clerical error. The Enclave Act referendum was held on November 4, 1986 wherein the Enclave Act was approved by a single majority vote of the qualified electors. The City prepared an enclave report which inadvertently left out the subject property. It is our office's opinion that to remedy the situation that a report setting for the plans to provide urban services to the area to be annexed as provided for in Section 171.042, Florida Statutes, should be done and could be done as an amendment.to the original report indicating that it is a correction of the report. After that is done, the.property could be annexed pursuant to ordinance. The notice requirements should meet Section 3 of the Enclave Act · cat~on..;,~prxor~?{~,~t~adogt%.on.~;of:,~anyannexat~on..ord~nances autho~ized~b~$~!:s~Agt~;'~2t~e'no~xce:.should-'-be,-:.publ, x. shed.~.once 'a week.fOr t~°""~'0nfe'C~t[~::'~'ekff prior tothe~':'~ubliC-/he~ring?' and the[. nO%£~'~'i.~[~'6h~ii~6~.hS.&~ess'.:i,than~ 1/4.. page :.:in. size;.of a standard~"size.-'or:.~,,~.,/~abloid Size newspaper and"th~ '~'~:ine in the advertis'em6h~'""~h~'Ii:'be in a"'type 'no small than 18 point. The advertisement shall not be placed in that Paul Dorling, Principal Planner September 7, 1994 Page 2 Attached please find a copy. of the Enclave Act in our files that you can use to further' check the legai description, if necessary. If you have any questions, please do not  ontact me. Attachment enclave, sar LEGAL VERIFICATION FORM FILE #: 94-189 PROJECT NAME: SEYMOUR (PORTION OF ENCLAVE #1) LEGAL DESCRIPTION: THE NORTH 68.51 FEET OF THE WEST 325.77 FEET OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER ( SW 114) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA SOURCE of Legal Description: PROPERTY APPRAISER RECORDS VERIFICATION REQUEST NEEDED BY: JUNE 30, 1995 LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND READING: VERIFIED BY: DATE: VERIFICATION REQUEST NEEDED BY: LEGSEY TAYLOR_J N.A.L. COUNTY TAPES INOUIRY 9:59:15 RAL~04ID Legal Description 6/27/95 (Opt.il) PID#: 12 43 46 04 00 000 7300 Le¢~al Line 1 .... 4-46-43, N 68.51 FT OF W Le¢ial Line 2 .... 325.77 FT OF NW 1/4 OF SW 1/4 Le¢~al Line 3 .... OF SW 1/4 Le¢~al Line 4 .... Le¢ial Line 5 .... Lee'al Line 6 .... Lee'al Line 7 .... Lee'al Line 8 .... Le¢~al Line 9 .... Lee'al Line 10... Lee!al Line 11... Lee'al Line 12... Lee'al Line 13... Legal Line 14... CF3: End CF12: Backup CF4: Menu CF6: Search Enter: Next Fi: HELP PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 17, 1994 AGENDA ITEM: V.C. ITEM: Annexation, FLLP.! Amendment from County MR-5 (Medium Residential/5 Units per Acre) to City Low Density/O-5 Units per Acre and Initial Zoning of R-1AA. GENERAL DATA: Owners/Applicants ........ Walter F. Seymour Location ................. East side of Swinton Avenue, North of Pine .... Ridge Road Property Size ............ 0.51 Acres City Land Use Plan ....... Low Density Residential County Land Use Plan ..... MR-5 (Medium Residential - 5 units/acre) Current County Zoning .... RS (Single Family Residential) Proposed City Zoning ..... R-l-AA (Single Family Residential) Adjacent Zoning .......... North:South:East: NC R-l-AA R-l-AA West: CF Existing Land Use ........ Vacant Water Service ............ Existing 8" water main in the Tangerine Trail right-of-way Sewer Service ............ Existing 8" sewer main in the Tangerine Trail right-of-way ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation on an involuntary annexation (pursuant to the Delray Beach Enclave Act HB 1061), Small Scale Future Land Use Map amendment from County MR5 (Medium Residential) to City LD (Low Density) and an initial zoning of R-1AA (Single Family). LDR Sections 2.4.5 (A),(C), and (D) provide the rules and procedures for processing of this petition. The subject property is located on the south side of Tangerine Trail between Swinton Avenue and Seacrest Boulevard. BACKGROUND: Through the 1980s the City of Delray Beach experienced considerable growth in its municipal boundaries through annexation. These annexations were typically in exchange for connection to municipal .water and sewer systems and receipt of Fire and Police service. The result of this explosive, unplanned growth was a jurisdictional configuration which was described in 1985 as resembling "swiss cheese". Enclaves ranging from an isolated 10,000 sq. ft. lot to a 108 acre subdivision existed. The resulting "swiss cheese" development pattern created jurisdictional fragmentation which led to land use battles between the City and the County, service delivery problems among Fire, Police, Solid Waste, Recreation, and Library' service providers, lack of the programming for the provision of central (community) water and sewer facilities, and a general degradation of neighborhoods. In response to these problems, the 1986 legislature passed House Bill 1061, hereafter referred to as the Delray Beach Enclave Act, which allowed the City of Delray Beach to unilaterally annex defined enclaves. The Delray Beach Enclave Act required preparation of an Urban Services report which was prepared and approved by City Commission. This urban service report identified 71 distinct enclaves which were eligible for annexation under the Act. These enclaves were annexed during the period of April, 1988 through the spring of 1989. The subject parcel was identified as part of Enclave No. 1, which was annexed via Ordinance 111-88 on October 11, 1988. During preparation of the associated annexation ordinance this property was inadvertently omitted. The parcel has been included within the City on the City Zoning and Land Use Maps as well as the County Zoning and Land Use Maps. The omission was discovered recently during review of the property appraiser's maps, which continue to identify the parcel as being within the County. P&Z Board Staff Report Enclave #1 Property Annexation/Intial Zoning (R-1AA) and Smale Scale FLUM Amendment Page 2 This omission was brought to the attention of the City Commission at its meeting of September 12, 1994. The Commission initiated the Annexation, Small Scale Future Land Use Map amendment, and initial zoning at that meeting. PROJECT DESCRIPTION: The subject property is a .51 vacant lot located south of Tangerine Trail between Seacrest Boulevard and Swinton Boulevard. The parcel is approximately 69 ' x 326 ' which apparently is being utilized by the neighbor to the south as an extension of his yard. Accompanying the annexation is a Future Land Use Map change from the existing County Land Use Map designation of Medium Density Residential to the City Land Use Map designation of Low Density Residential with an initial zoning of R-1AA. ANNEXATION ANALYSIS: Florida Statutes Governing Annexations: Pursuant to the Delray Beach Enclave Act the City of Delray Beach is authorized to annex enclaves which are within the general boundaries of the City of Delray Beach as identified in the Act. This enclave was identified as an eligible parcel within the Act. The required Enclave Act referendum was held on November 4, 1986 wherein the Enclave Act was approved by a single majority vote of the qualified electors. The required Urban Service report was prepared and approved by City Commission in 1988. The Urban Service Report (known as the Enclave Report) discussed the impacts, LOS (level of service) standards and necessary infrastructure associated with Enclave #1. Land Development Regulations Governing Annexations: Pursuant to Land Development Regulation Section 2.4.5 (C)(1) "the City may initiate an annexation of private property pursuant to Florida Statutes". Pursuant to Section 2.4.5 (C)(4) in addition to findings required for action on the initial zoning application, the City Commission must make findings that the annexation will not create a new County enclave and that the annexation is consistent with Objective B-3.4 of the Land Use Element (see discussion under Comprehensive Plan Analysis). The annexation will not create an enclave and in fact will eliminate an existing one. The annexation of this parcel is consistent with the Comprehensive Plan Annexation Policy B 3.4 (see discussion under Comprehensive Plan Analysis section). P&Z Board Staff Report Enclave #1 Property Annexation/Intial Zoning (R-1AA) and Smale Scale FLUM Amendment Page 3 COMPREHENSIVE PLAN ANALYSIS: Small Scale Future Land Use Map Amendment process: This petition is being processed as a small scale development pursuant to Florida Statute 163.3187, which can be processed without regard to the twice a year restriction placed on regular Future Land Use Map amendments. To qualify as a small scale Land Use Map amendment the following criteria must be met; * The proposed amendment involves residential land uses which are less than 10 acres in size and less than 10 units per acre; * The cumulative effect of the amendments shall not exceed 60 acres annually; * The proposed amendment does not involve the same owner's property more than once a year; and, * The proposed amendment does not involve the same property owners property within 200 feet of property granted a change within the prior 12 months. This change is a residential designation of less than 10 units per acre and is less than 10 acres in size. The cumulative effect of all small scale amendments this year do not exceed 60 acres. This property owner has not processed a small scale amendment on this property or for property within 200 feet in the last year. Thus, the criteria for processing as a small scale amendment is met. Consistency Between the City and County Land Use Designations: The City's current Future Land Use Map designation for the parcel is LD (Low Density Residential- 0-5 units per acre). The County's Land Use Designation is MR5 (Medium Residential 5 units per acre). The City's Low Density Future Land Use Map designation is consistent with the County's Medium Residential Future Land Use Map designation. The City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989 (and as formally subsequently amended) are deemed to be advisory only until an official Land Use Map Amendment is processed. Adjacent Land Use Map ,designations and Land Uses: The surrounding Land Use Map designations to the north and south is LD (Low Density Residential), to the east is Transitional, and to the west is Recreation and Open Space. P&Z Board Staff Report Enclave #1 Property Annexation/Intial Zoning (R-1AA) and Smale Scale FLUM Amendment Page 4 The existing Land Uses to the north is vacant, to the south is residential, to the east vacant commercial (former HRS office) , and to the west the Unity church and school. Consistency with the City's Comprehensive Plan: Designated Annexation Area: This requested annexation is consistent with Policy B-3.4 of the City's Future Land Use Element which calls for the annexation of eligible properties. The property is not shown within the "designated annexation area" as this area was presumed to have been annexed when the Comprehensive Plan was adopted in 1989. Provision of Services: When annexation of property occurs, services should 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 potential provision levels. Police: Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City to the south, east, and west of the parcel. Fire and Emergency Services: The annexation of this area will not require additional manpower. The municipal area is served by Fire Station No. 1 (West Atlantic Avenue). Water: An 8" water main exists within Seacrest Boulevard and a new 8" water main has been installed within Tangerine Trail. The Tangerine Trail main is part of the scheduled Enclave #1 improvements. Fire suppression is provided along Swinton Avenue and Tangerine Trail via existing fire hydrants. Sewer: An 8" gravity sewer main has recently been installed within Tangerine Trail as part of scheduled enclave improvements. This 8" main gravity feeds into Lift station No# 105 located on the west side of Swinton Avenue. Streets and Traffic: This parcel has access to Tangerine Trail which is being repaved to the parcel's east property line. The balance of Tangerine Trail along the northern border of the parcel is a dirt road. At present the property owner to the south appears to be utilizing the area as an extension of his yard. Given the nature of the existing development no additional access appears to be needed at this time. With future development access from a paved street will be required. Parks and Open Space: The annexation of this residential properties will create little additional impacts on park and recreational facilities. No park deficiencies are noted in this part of the City. P&Z Board Staff Report Enclave #1 Property Annexation/Intial Zoning (R-1AA) and Smale Scale FLUM Amendment Page 5 Solid Waste: At this time no solid waste service is provided to the site. If the site is developed in the future the parcel will be receive service from the current City provider. Fiscal Impacts: Affect Upon the Annexed Property: For the 1994 tax year this parcel had an assessed value of $8,000. This property does not qualify for homestead or other exemptions therefore the taxable value is $8,000. With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millage With Annexation Fire/Rescue MSTU 2.5539 Deleted (County) Library .4437 Deleted (County) City of Delray Beach 6.88 Added (City) City of Delray Beach Debt 1.07 Added (City) +4.9524 * · Total tax millage in the County is 20.2264 mills while in the City the total rate is 25.1788 mills. The tax increase for this property will be $39.62 a year. In addition the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility: As this parcel is vacant the City assessment will be zero, based upon the combined impervious area of the buildings parking areas etc. If developed with impervious areas a stormwater fee will be assessed. Water/Sewer Rate Reduction: The annexation of this property would not have a monetary impact with respect to the utility fund, as the property does not currently receive municipal water and sewer service. Fiscal Impacts to the Cit~: At the 1994 City operating millage rate of 6.88 mills and debt rate of 1.07 mills, the property will generate approximately $63.60 in ad valorem taxes per year. ZONING ANALYSIS: The proposed initial City Zoning of the property is R-1AA (Single Family) The current County zoning designation for the property is Residential Single Family. The surrounding zoning designations are R-1AA to the north and south, to the east is NC (Neighborhood Commercial) and to the west is CF (Community Facility). The City zoning designation of R-1AA is consistent with the existing County designation of Residential Single Family. Upon annexation only the City zoning designation is applicable. P&Z Board Staff Report Enclave #1 Property Annexation/Intial Zoning (R-1AA) and Smale Scale FLUM Amendment Page 6 R E Q U I R E D F I N D I N G S: (CHAPTER 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The proposed R-1AA zoning designation is consistent with the underlying "Low Density" land use designation. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal involves the annexation of a small vacant parcel that is currently not receiving service. Compliance with Land Development Regulations: Upon annexation any future development of the property will require compliance with the City Land Development Regulations. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Zoning), along with the required findings in Section 2.4.5, shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making of a finding of overall consistency. The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) Performance Standard 3.3.2(A) states that a rezoning to other than CF within stable residential areas shall be denied. The area is a stable residential area, and a similar and consistent initial zoning designation is being sought. P&Z Board Staff Report Enclave #1 Property Annexation/Intial Zoning (R-1AA) and Smale Scale FLUM Amendment Page 7 B) Performance Standard 3.3.2(D) states: That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial zoning designation of R-lA is consistent and compatible with the adjacent land uses. Pursuant to Section 2.4.5(D)(1), a Justification statement providing the reason for which the change is being sought must accompany all rezoning requests. The Code further identifies certain valid reasons for approving the change being sought. As this zoning petition involves an initial zoning designation to be assigned to a property being annexed, the above section does not apply. REVIEW BY OTHERS: COUNTY NOTICE: On September 14, 1994 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. PUBLIC NOTICE: Certified notice has b~en provided to the property owner of record. In addition, notice to all properties within 500 feet was given. Courtesy notices were also sent to Deborah Dowd (Northeast Neighborhood). ASSESSMENT AND CONCLUSIONS: Accommodating the annexation of this property and affixing an initial City zoning designation of R-1AA is consistent with the the City's program for annexation of territory within its Planning and Service area. In addition, the annexations will eliminate an enclave, which was the intent of the Delray Beach Enclave Act and the policy of the State under the new Elms III legislation. The annexed area will experience a slight increase in taxes. However, with the increased taxes and fees will come better City services. P&Z Board Staff Report Enclave #1 Property Annexation/Intial Zoning (R-1AA) and Smale Scale FLUM Amendment Page 8 ALTERNATIVES: A. Continue with direction. B. Recommend approval of the annexation, small scale land use amendment from County MR5 (Medium Residential) to City LD (Low Density) and initial zoning of R-1AA. C. Recommend denial of the Annexation, Land Use Plan Amendment and initial zoning with the basis stated. STAFF RECOMMENDATION: Recommend to the City Commission approval of this involuntary annexation pursuant to the Delray Beach Enclave Act, Small Scale Land Use amendment from County MR5 to City Low Density, and initial zoning of R-1AA (Single Family) based upon positive findings with respect to Section 3.1.1, Section 3.3.1 and policies of the Comprehensive Plan and the following: * That the property is contiguous, reasonably compact and does not create an enclave. * That services will be provided to the property in a manner similar to other similar properties within the City. Report prepared by: Paul Dorling, Principal Planner PD/enclavel.DOC A~ GULF' STREAM BOUL I',/.~'. 25TH CT. GULF STR~ N.W. 25TH ST. OECAR~ N,W. 24TH CT, N.W. 24TH ' N.F... 2.2N0 LANE S'I'RI:FEI' PINE RIDGE RD. N.F_. 22.ND ~ u~OS~ h .E. 8~ ST, N CORRECTIVE ANNEXATION ~ (PORTION OF ENCLAVE #1 ,, °"~'~:~'7""'°~ ........................... MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'f SUBJECT: AGENDA ITEM ~ ~ - MEETING OF SEPTEMBER 27. 1994 INITIATION OF ANNEXATION AND FUTURE LAND USE MAP AMENDMENT DATE: SEPTEMBER 22, 1994 This is before the Commission to initiate the annexation with initial zoning of R-i-AA (Single Family Residential) District and a Future Land Use Map (FLUM) amendment from County MR-5 (Medium Residential - 5 units per acre) to City Low Density (5 units per acre) for a 0.51 acre parcel of land located on the east side of Swinton Avenue, north of N.W. 22nd Street and south of Tangerine Trail (extended). The subject property should have been included with the Enclave Act annexations processed in 1988, specifically as a portion of Enclave No. ! annexed by Ordinance No. 111-88 effective October 11, 1988. It was recently discovered, however, that the legal description for this parcel was inadvertently left out of the annexation ordinance. To correct this error, the Commission is now being asked to initiate the actions necessary to bring the property into the City with a conforming land use designation and appropriate zoning. Recommend that the City Commission initiate annexation, Future Land Use Map amendment from County MR-5 to City Low Density, and initial zoning of R-i-AA (Single Family) for the subject property. ref:agmemoll CITY COMMISSION DOCUMENTATION TO: DAVID T. HARD~, CITY MANAGER DEPARTMENT OR PLANNING AND~Z~NING FROM: PAUL DOR~I~,~RINCIPAL PLANNER SUBJECT: MEETING OF SEPTEMBER 27, 1994 - CONSENT AGENDA INITIATION OF AN ANNEXATION~ FUTURE LAND USE MAP AMENDMENT FROM COUNTY MR-5 TO CITY LOW DENSITY AND INITIAL ZONING OF R-l-AA FOR A PARCEL OF LAND (.51 ACRES) PREVIOUSLY IDENTIFIED AS A PORTION OF ENCLAVE N0. 1 IN THE ENCLAVE ACT. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of initiation of an Annexation, Future Land Use Map amendment from County MR-5 (Medium Density Residential-5 units per acre) to City LD (Low Density - 5 units per acre), and initial zoning of R-1AA (Single Family Residential). The subject property is approximately .51 acres and currently vacant. The parcel is located on the east side of Swinton Avenue south of Tangerine Trail extended just north of N.W. 22nd Street. BACKGROUND: This item involves a parcel that was to have been annexed in 1988 as authorized by the Delray Beach Enclave Act. The Delray Beach Enclave Act (H.B. 1061) was enacted by the 1986 Florida Legislature. It provided a mechanism for annexation of numerous enclaves within the City's Planning Area. The Act excluded all provisions of the standard annexation processes required by F.S. 170.0413 except for the requirement to develop an urban service plan. A local referendum required by the Enclave Act was approved by voters in November, 1986. An enclave report (urban services report) was subsequently prepared for all properties identified in the Act (Enclaves 1-70). The subject parcel was identified as part of an enclave that was eligible for annexation under the Act. It was to be annexed as part of Enclave #1. On August 22, 1988 the Planning and Zoning Board recommended approval of the annexation and initial zonings for parcels within Enclave No. 1. On October 11, 1988 the City Commission approved the annexation and initial zoning of Enclave No. 1 via Ordinance 111-88. City Commission Documentation Initiation Annexation, LUA, and initial zoning (Enclave 1) Page 2 Recently, it has been discovered that the subject parcel (.51 acre) was inadvertently left out of the Enclave #1 annexation ordinance and was not annexed with the balance of enclave properties. To correct this error, the City Commission is being asked to initiate the Annexation, Future Land Use Map Amendment and initial zoning of the property. Once initiated, the item will be scheduled for a regular public hearing before the Planning and Zoning Board, and two readings by the City Commission. RECOMMENDED ACTION: Initiate an Annexation, Future Land Use Map Change from County MR-5 (Medium Density Residential - 5 units per acre) to City LD (Low Density Residential - 5 units per acre) and initial zoning designation of R-l-AA. y:enclave3 NW 24~h ST