42-95 £1TY I)F I)ELAKIY BEACH
~ CITY CLERK o ~.~,. ~ ^~ · ~,~^~ ~^o~. ~,o~,o^ ~,~. 4o,/~-,ooo
Ail-America City
993
CERTIFICATION
I, ALISON MacGREGOR HARTY, 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. 42-95,
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 September 5, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official, seal of the City of Delray Beach, Florida, on this the
22nd day of September, 1995.
Alison MacGregor Harty
City Clerk
City of Delray Beach
SEAL
THE EFFORT ALWAYS MATTERS
Prioted oo Recycled P~er
ORDINANCE NO. 42-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PARCEL OF LAND KNOWN AS BLOOD'S GROVE
ORCHARD, LOCATED SOUTH OF LINTON BOULEVARD AND EAST
OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING
i! MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
· BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Norman W. Blood, Jr. and The Estate of Carolyn J.
Blood are the fee-simple owners of a parcel of land as more
.- particularly described herein; and
WHEREAS, Donaldson E. Hearing; Cotleur Hearing, as the
authorized agent for the fee-simple owners as hereinabove named, has
requested by petition to have the subject property annexed into the
municipal limits of the City of Delray Beach; and
WHEREAS, the subj eot 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
That part of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida, described as
follows:
Commence at the West Quarter Section Corner of said
Section 25; thence North 89 degrees 09' 57" East,
along the East-West Quarter Section Line of said
Section 25, 40.00 feet to the Point of Beginning;
thence North 0 degrees 59' 57" West, along a line
40.00 feet East of and parallel with the West line of
said Section 25, 336.22 feet; thence North 89 degrees
09' 13" East, along the North line of the South Half
(S 1/2) of the Southwest Quarter (SW 1/4) of the
Southwest Quarter (SW 1/4) of the Northwest Quarter
(NW 1/4) of Section 25, 632.92 feet; thence South 1
degree 01' 13" East, along the East line of the South
Half (S 1/2) of the Southwest Quarter (SW 1/4) of the
Southwest Quarter (SW 1/4) of the Northwest Quarter
(NW 1/4) of Section 25, 336.36 feet; thence North 89
degrees 09' 57" East, along the East-West Quarter
Section Line of Section 25, 673.04 feet; thence North
1 degree 02' 29" West, along the West line of the
East Half (E 1/2) of the Northwest Quarter (NW 1/4)
of Section 25, 2692.01 feet to the North line of
Section 25; thence North 89 degrees 04' 03" East,
along the North line of Section 25, 892.98 feet to
the Southerly right-of-way line of Germantown Road;
thence South 69 degrees 35' 37" East, along said
Southerly right-of-way line, 317.32 feet; thence
South 20 degrees 24' 23" West, 110.00 feet; thence
South 69 degrees 35' 37" East, 62.80 feet; thence
South 88 degrees 52' 27" West, 50.28 feet; thence
South ! degree 07' 33" East, 197.79 feet; thence
South 43 degrees 52' 27" West, 212.13 feet; thence
South ! degree 07' 33" East, 360.00 feet; thence
South 88 degrees 52' 27" West, 100.00 feet; thence
South I degree 07' 33" East, 726.00 feet; thence
North 88 degrees 52' 27" East, 600.00 feet to the
West line of the Plat of FOXE CHASE according to the
Plat thereof recorded in Plat Book 38, Pages i and 2
of the Public Records of Palm Beach County, Florida;
thence South 1 degree 07' 33" East, along said West
line, 1021.08 feet to the East-West Quarter Section
Line of Section 25; thence South 89 degrees 09' 57"
West, along said East-West Quarter Section Line,
637.00 feet to the Northwest Corner of the Northeast
Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of
the Southwest Quarter (SW 1/4) of Section 25; thence
South 1 degree 03' 45" East, along the West line of
the Northeast Quarter (NE 1/4) of the Northeast
Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of
Section 25, 89.33 feet to the Northeast Corner of the
Plat of DEL-AIRE GOLF CLUB SECOND ADDITION, as
recorded in Plat Book 39, Pages 66 and 67 of the
Public Records of Palm Beach County, Florida; thence
Southwesterly and Westerly along the arc of a curve
- 2 - Ord. No. 42-95
concave Northerly with a radius of 685.00 feet, a
central angle of 78 degrees 21' 26" and a line to the
radius point of said curve bearing North 62 degrees
11' 42" West, 936.80 feet; thence North 73 degrees
50' 16" West, 223.46 feet to a point of curvature of
a curve concave Southerly with a radius of 685.00
feet and a central angle of 6 degrees 43' 38"; thence
Westerly, along the arc of said curve, 80.43 feet;
thence North 80 degrees 33' 54" West, 268.51 feet to
a point of curvature of a curve concave Southerly
with a radius of 685.00 feet and a central angle of
20 degrees 22' 20"; thence Westerly, along the arc of
said curve, 243.56 feet; thence South 79 degrees 03'
46" West, 384.56 feet to a line 40.00 feet East of
and parallel with the West line of Section 25; thence
North 0 degrees 59' 57" West, along said parallel
line, 351.07 feet to the said Point of Beginning.
Containing 94.14 acres, more or less.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
parcel 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 all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~z~ 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. 42-95
~J~hQ&l__/~ That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the' 5th day of September, 1995.
ATTEST:
citY C]~rk /
First Reading ...Auqust 8, 1995
Second Reading September 5, 1995
- 4 - Ord. No. 42-95
LIN'TON __ BOULEVARD
CANAL
SOUTH COUNTY
PR~ F't~IONAL PLAZA
(PHASE I)
(T~
PROPER~
_
- CITY LIMITS -__
\
~ BLOOD'S GROVE )
---D~ ~ ~P ~ --
U~.~ti~facto~ ~vhen receive.
BLOODS HAMMOCK GROVE ANNEXATION BRIEF
Property_ Control number: 00-42-46-25-00-000-1100
Acreage: 94.14 acres
Taxable Value: 1,957,250
Current Use of the Property_: Orange Grove operation
County_ Street Address: 4549 Linton Boulevard
City_ Land Use designation: LD (Low Density Residential), MD (Medium
Density), Transitional, Open Space.
County_ Land Use designation: MR-5 (Medium Residential -5 units per
acre)
City_ Zoning Designation' PRD 5 (5 units per acre), RM-8 (8 units per
acre), Open Space, SAD (Special Activities
District)
County_ Zoning Designation: AR (Agricultural)
Legal Description; SLY 1052.52 FT OF W 114 FT OF NE 114, E
112 OF NW 114 (LESS IRREG SHAPED
PARCEL BEING NLY 1178.52 OF ELY
756.42 FT), S 330 FT OF E 615 FT OF W 660
FT OF SW 114 OF NW 114 & NLY 356.28 FT.
OF ELY 1945 FT OF WLY 1990 FT OF SW
t/4 LYG N OF & ADJ TO L-37 CNL R/W.
PLi/ NNING iANL Z_L)NING
' CIT , F ELRAY. BEACH --- S'FAFF REPORT
MEE~NGDATE: July 17, 1995
AGENDA ITEM: V.B.
ITEM: Annexation & Initial Zoning o~ PRD-5, RH-8, OS, & SAD Districts
for Bloods Ha~ock Groves.
GENERAL DATA:
Owner ........................................ ~ ........... Norman W. Blood and
Estate of Carolyn J. Blood
Applicant ................................................ Donaldson E. Headn9
Cotleur Hearing
Location ................................................. South side of Unton Boulevard.
east of Military Trail.
P~'operty Size ......................................... 94.14 acres
Land Use Map Designation .................... Transitional
County Zoning Designation .................... AR (Agricultural Residential)
Proposed Zoning Designations .............. PRD-5 (Planned Residential Development)
SAD (Special Activities District). OS
(Open Space) and RNI-8 (Multiple Family
Residential)
Adjacent Zoning ............................ North; CF (Community Facilities). RM-10 (Multiple
Family Residential). OS (Open Space) and
RL (Multiple Family Residential)
East: RS (Single Family Residential - PBC). OSR
: (Open Space and RecrealJon). A (Agricultural).
and CF
' '~ ;'".': South: R-I~AA (Single Family Residential) and OSR
V~/est: POC (Planned Office Center). RM-"I0. CF. RS/SE
(Single Family Residential - PBC).
Existing Land Uses ................................ Existing commercial orange grove.
Proposed Land Uses ..............................Annexation and initial zoning t'or a 94.'/4 parcel
proposed for 51.25 acres of P. RD. 29.09 acres of
RM, 9.84 acres of SAD. and 3.96 acre~.'of OS.
Water Service ........................................ Ex/sling 12' water main in Germanlown Road
rlght-ol'-way. Existing 10' water main in Union
Boulevard. Existing 12' sewer main serving the
Blood's Grove Elementary School
Sewer Service ........................................ Existing 8' sewer main serving the Blood's Grove
Elementary School tied into an existing lift station
on site."
RECORDER'S MEMO: Lagibility of document
unsatisfactory when received.
V
,.,,_,~^.¥ m^~ OONO'II~Y H. WIL[(b.l~ CL~R~ P8 CouNFY' Fl.
.i'
I'
o
ORDINANCE NO. 42-95 .
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY .-
BEACH, A PARCEL OF LAND KNOWN AS BLOOD'S GROVE
· ORCHARD, LOCATED SOUTH OF LINTON BOULEVARD AND EAST
OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING -'~
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID -
LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Norman W. Blood, Jr. and The Estate of Carolyn J.
Blood are the fee-simple owners of a parcel of land as more
particularly described herein; and
WHEREAS, Donaldson E. Hearing, Cotleur Hearing, as the
authorized agent for the fee-simple owners as heretnabove named, has
requested by petition to have the subject property annexed into the
municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach,
Florida; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes.
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:
That part of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida, described as
follows:
Commence at the West Quarter Section Corner of said
Section 25; thence North 89 degrees 09' 57' East,
along the East-West Quarter Section Line of said
Section 25, 40.00 feet to the Point of Beginning;
thence North 0 degrees 59' 57' West, along a line
40.00 feet East of and parallel with the West line of
said Section 25, 336.22 feet; thence North 89 degrees
09' 13" East, along the North line of the South Half
(S 1/2) of the Southwest Quarter (SW 1/4) of the
Southwest Quarter (SW 1/4) of the Northwest Quarter
(NW 1/4) of Se.ction 25, 632.92 feet; thence South 1
degree 01' 13" East, along the East line of the SOuth
Half (S 1/2) of the Southwest Quarter (SW 1/4) of the
Southwest Quarter (SW 1/4) of the Northwest Quarter
(NW 1/4) of Section 25, 336.36 feet; thence North 89
degrees 09' 57" East, along the East-West Quarter
Section Line of Section 25, 673.04 feet; thence North
1 degree 02' 29" West, along the West line of the
East Half (E 1/2) of the Northwest .Quarter (NW 1/4)
of Section 25, 2692.01 feet to the' North line of
Section 25; thence North 89 degrees 04' 03" East,
along the North lin® of Section 25, 892.98 feet to
the Southerly right-of-way line of Germantown Road;
thence 'South 69 degrees 35' 37" East, along said
Southerly right-of-way line, 317.32 feet; thence
South 20 degrees 24' 23" West, 110.00 feet; thence
South 69 degrees 35' 37" East, 62.80 feet; thence
South 88 degrees 52' 27" West, 50.28 feet; thence
South I degree 07' 33" East, 197.79 feet; thence
South 43 degrees 52' 27" West, 212.13 feet; thence
South I degree 07, 33" East, 360.00 f~et; thence
South 88 degrees 52' 27" West, 100.00 .feet; thence
South I degree 07' 33" East, 726.00 feet; thence
North 88 degrees 52' 27" East, 600.00 feet to the
West line of the Plat of FOXE CHASE according to the
Plat thereof recorded in Plat Book 38, Pages 1 and 2
of the Public Records of 'Palm Beach County, Florida;
thence South 1 degree 07' 33" East, along said West
line, 1021.08 feet to the East-West Quarter Section
Line of Section 25; thence South 89 degrees 09' 57"
West, along said East-West Quarter section Line,
837.00 feet to the Northwest Corner of the Northeast
Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of
the Southwest Quarter (SW 1/4) of Section 25; thence
South I degree 03' 45" East, along the West line of
the Northeast Quarter (NE 1/4) of the Northeast
Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of
Section 25, 89.33 feet to the Northeast Corner of the
Plat of DEL-AIRE GOLF CLUB SECOND ADDITION, as
recorded in Plat Book 39, Pages 66 and 67 of the
Public Records of Palm Beach County, Florida; thence
Southwesterly and Westerly along the arc of a curve
- 2 - Ord. No. 42-95
concave Northerly with a radius of 685.00 feet,
central angle of 78 degrees 21' 26" and a line to the
radius point of said curve bearing North 62 degrees
11' 42N West, 936.80 feet; thence North 73 degrees
50' 16" West, 223 46 feet to a point of curvature of
a curve concave Southerly with a radius of 685.00
feet and a central angle of 6 degrees 43' 38#; thence
Westerly, along the arc of said curve, 80.43 feet;
thence North 80 degrees 33' 54' West, 268.51 feet to
a point of curvature of a curve concave Southerly
with a radius of 685.00 feet and a central angle of
20 degrees 22' 20#~ thence Westerly, along the arc of
said curve, 243.56 feet; thence South 79 degrees 03'
46" West, 384.56 feet to a line 40.00 feet East of.
and parallel with the West line of Section 25; thence
North 0 degrees 59' 57' West, along said parallel
line, 351.07 feet to the said Point of Beginning.
Containing 94.14 acres, more or less.
~ That the boundaries of'the City of Delray Beach,
Florida, are hereby redefined to include therein the above-~escribed
parcel 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 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. 42-95
~ That this ordinance shall become effective
Immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 5th day of September , 1995.
ATTEST:
city Cl~rk
First Reading. Auqust 8f 1995 . .
Second Reading September 5~ 1995 ..
- 4 - Ord. No. 42-95
L I N '1' 0 N ._ B O U L EV A R D
CANAL
SOUTH COUNTY ~1'~
MEHTAL HEALTH
'1
SOUTH COUNTY
PROFESSIONAL P L4.7.A
(PHASE I) i e ,~
I
P R OP F...RTY')
I
-- CITY LIMITS -
BLOOD'S GROVE )
FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Sec~zay of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
401 South Monroe Street
Tallahassee, Florida 32399-0250
(904) 488-8427
September 25, 1995
Ms. Alison MacGregor Harry
City Clerk
City of Delray Beach
100 Northwest 1st Avenue
Delray Beach, Florida 33444
Dear Ms. Harry:
This will acknowledge your letter of September 22, 1995 and
certified copy each of Ordinance Nos. 42-95 and 43-95
annexing certain lands into the City of Delray Beach, which
were filed in this office on September 25, 1995.
Sincerely,
Bureau of Administrative Code
LC/mw
RECEIVED
CiTY CLERK
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: SEPTEMBER 11, 1995
RE: BLOODS HAMMOCK GROVE ANNEXATION
On September 5, 1995 the City Commission approved on second and final
reading the annexation of the Bloods Grove property. The subject property is
located south of Linton Boulevard just east of Military Trail. 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. --
BLOODS HAMMOCK GROVE ANNEXATION BRIEF
Property_ Control number: 00-42-46-25-00-000-1100
Acreage: 94.14 acres
Taxable Value: 1,957,250
Currerlt Use of the Property_: Orange Grove operation
County_ Street Address: 4549 Linton Boulevard
Ci~ Land Use designation: LD (Low Density Residential), MD (Medium
Density), Transitional, Open Space.
County Land Use desi~_nation: MR-5 (Medium Residential -5 units per acre)
City Zoning Designation.: PRD 5 (5 units per acre), RM-8 (8 units per
acre), Open Space, SAD (Special Activities
District)
County_ Zonin_~ Desi_~nation: AR (Agricultural)
Le_~al Description: SLY 1052.52 FT OF W 114 FT OF NE 114, E
1/2 OF NW 114 (LESS IRREG SHAPED
PARCEL BEING NLY 1178.52 OF ELY
756.42 FT), S 330 FT OF E 615 FT OF W 660
FT OF SW 114 OF NW 1/4 & NLY 356.28 FT.
OF ELY 1945 FT OF WLY 1990 FT OF SW
t/4 LYG N OF & ADJ TO L-37 CNL R/W.
PLANNING iANC, 7_ONING BOARDe
ClT iOF DELRAY BE/ CH -- S FAFF REPORT
U
MEETING DATE: July 17, 1995
AGENDA ITEM: V.B.
ITEM: Annexation & Initlal Zoning o'~ PRD-5, RH-8, OS, & SAD Districts
for Bloods Hammock Groves.
GENERAL DATA:
l:::l I II1 I11 I1111111 F::I~:
~lllllllllllllll~=~
, IlJll~lllll~lll~t-
Owner ................................................... ................................................ Norman W. Blood and~-~
Estate of Carolyn J. Blood
[111
Applicant Donaldson E. Headng
Cotleur Hearing
Location ................................................. South side of Linton Boulevard, !
east of Millay/Trail. ,1 ~-I
Property Size ......................................... 94.14 acres ~F~
Land Use Map Designation .................... Transitional
County Zoning Designation .................... AR (Agricultural Residential) ~ i~wli i il'iSi'U~¢J~,iJ~N
Proposed Zoning Designations .............. PRO-5 (Planned Res!deaL!al Development) -
· SAD (Special Activities District), OS
(Open Space) and RM-8 (Multiple Family ,- '-1 I I I I t I I~_~LUJJJ_
Residential)
/
Adjacent Zoning ............................ North:FamilyCF (CommunitYResidential),FacilitieS),OS (OpenRM-10Space)(Multipteand~~ I"
RL (Multiple Family Residential) ,.. L~'~I
East: RS (Single Family Residential - PBC), OSR ~ -~[~[]~~
(Open Space and Recreation), A (Agricultural),
and CF F 'T'I-I--T3 ~
'" South: R-l-AA (Single Family Residential) and OSR
V~/est: POC (Planned Office Center), RM-10, CF, RS/SE ·
(Single Family Residential-PBC),
Existing Land Uses ................................ Existing commercial orange grove.
Proposed Land Uses .............................. Annexation and initial zoning for a 94.14 parcel F
proposed for 5!.25 acres of P. RD, 29.09 acres of..~
RM, 9.84 ac~es of SAD, and 3.,96. accel'of OS.
tight'of'way' Existing 10" water main in Unt°n
Boulevard. Existing 12' sewer main serving Ihe .-
Blood's Grove Elementary School
Sewer Service ........................................ Existing 8' sewer main serving the Blood's Grove
Elementary School tied into an existing lilt station~ - -
on site.
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, SEPTEMBER 5, 1995 (or at any
continuation of such meeting which is set by the Commission), in
the City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach,
Florida, at which time the City Commission will consider its
adoption. The proposed ordinance may be inspected at the Office
of the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray
Beach, Florida, between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, except holidays. All interested parties
are invited to attend and be heard with respect to the proposed
ordinance.
ORDINANCE NO. 42-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, A PARCEL OF LAND KNOWN AS BLOOD'S
GROVE ORCHARD, LOCATED SOUTH OF LINTON BOULEVARD
AND EAST OF MILITARY TRAIL, AS MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Norman W. Blood, Jr. and The Estate of Carolyn
J. Blood are the fee-simple owners of a parcel of land as more
particularly described herein; and
WHEREAS, Donaldson E. Hearing, Cotleur Hearing, as the
authorized agent for the fee-simple owners as hereinabove named,
has requested by petition to have the subject property annexed
into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach,
Florida; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of
the Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SectiQn 1, That the City Commission of the City of
Delray Beach, Palm Beach County, Florida, hereby annexes to said
City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
That part of Section 25, Township 46 South, Range
42 East, Palm Beach County, Florida, described as
follows:
Commence at the West Quarter Section Corner of
said Section 25; thence North 89 degrees 09' 57"
East, along the East-West Quarter Section Line of
said Section 25, 40.00 feet to the Point of
Beginning; thence North 0 degrees 59' 57" West,
along a line 40.00 feet East of and parallel with
the West line of said Section 25, 336.22 feet;
thence North 89 degrees 09' 13" East, along the
North line of the South Half (S 1/2) of the
Southwest Quarter (SW 1/4) of the Southwest
Quarter (SW 1/4) of the Northwest Quarter (NW 1/4)
of Section 25, 632.92 feet; thence South 1 degree
01' 13" East, along the East line of the South
Half (S 1/2) of the Southwest Quarter (SW 1/4) of
the Southwest Quarter (SW 1/4) of the Northwest
Quarter (NW 1/4) of Section 25, 336.36 feet;
thence North 89 degrees 09' 57" East, along the
East-West Quarter Section Line of Section 25,
673.04 feet; thence North 1 degree 02' 29" West,
along the West line of the East Half (E 1/2) of
the Northwest Quarter (NW 1/4) of Section 25,
2692.01 feet to the North line of Section 25;
thence North 89 degrees 04' 03" East, along the
North line of Section 25, 892.98 feet to the
Southerly right-of-way line of Germantown Road;
thence South 69 degrees 35' 37" East, along said
Southerly right-of-way line, 317.32 feet; thence
South 20 degrees 24' 23" West, 110 00 feet; thence
South 69 degrees 35' 37" East, 62 80 feet; thence
South 88 degrees 52' 27" West, 50 28 feet; thence
South 1 degree 07' 33" East, 197 79 feet; thence
South 43 degrees 52' 27" West, 212 13 feet; thence
South ! degree 07' 33" East, 360 00 feet; thence
South 88 degrees 52' 27" West, 100 00 feet; thence
South 1 degree 07' 33" East, 726.00 feet; thence
North 88 degrees 52' 27" East, 600.00 feet to the
West line of the Plat of FOXE CHASE according to
the Plat thereof recorded in Plat Book 38, Pages !
and 2 of the Public Records of Palm Beach County,
Florida; thence South 1 degree 07' 33" East, along
said West line, 1021.08 feet to the East-West
Quarter Section Line of Section 25; thence South
89 degrees 09' 57" West, along said East-West
Quarter Section Line, 837.00 feet to the Northwest
Corner of the Northeast Quarter (NE 1/4) of the
Northeast Quarter (NE 1/4) of the Southwest
Quarter (SW 1/4) of Section 25; thence South 1
degree 03' 45" East, along the West line of the
Northeast Quarter (NE 1/4) of the Northeast
- 2 -
Quarter (NE 1/4) of the Southwest Quarter (SW 1/4)
of Section 25, 89.33 feet to the Northeast Corner
of the Plat of DEL-AIRE GOLF CLUB SECOND ADDITION,
as recorded in Plat Book 39, Pages 66 and 67 of
the Public Records of Palm Beach County, Florida;
thence Southwesterly and Westerly along the arc of
a curve concave Northerly with a radius of 685.00
feet, a central angle of 78 degrees 21' 26" and a
line to the radius point of said curve bearing
North 62 degrees 11' 42" West, 936.80 feet; thence
North 73 degrees 50' 16" West, 223.46 feet to a
point of curvature of a curve concave Southerly
with a radius of 685.00 feet and a central angle
of 6 degrees 43' 38"; thence Westerly, along the
arc of said curve, 80.43 feet; thence North 80
degrees 33' 54" West, 268.51 feet to a point of
curvature of a curve concave Southerly with a
radius of 685.00 feet and a central angle of 20
degrees 22' 20"; thence Westerly, along the arc of
said curve, 243.56 feet; thence South 79 degrees
03' 46" West, 384.56 feet to a line 40.00 feet
East of and parallel with the West line of Section
25; thence North 0 degrees 59' 57" West, along
said parallel line, 351.07 feet to the said Point
of Beginning.
Containing 94.14 acres, more or less.
Section 2, That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described parcel 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.
SectiQn 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 all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
- 3 -
Section 6. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
The above ordinance is published in full as required by Section
2.03(b) of the City Charter of the City of Delray Beach, Florida.
Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this hearing, such person will need a record of these
proceedings, and for this purpose such person may need to ensure
that a verbatim record includes the testimony and evidence upon
which the appeal is to be based. The City does not provide nor
prepare such record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
August 25, 1995 Alison MacGregor Harty
City Clerk
Instructions to Newspaper~
This is a standard legal advertisement to be published in the
legal/classified section of the newspaper. There are no special
requirements. Thank you.
- 4 -
CITY OF DELRAY BEACH, FLORIDA NOTICE OF ANNEXATION
ORDINANCE NO. 42-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
KNOWN AS BLOOD'S GROVE ORCHARD, LOCATED SOUTH OF LINTON BOULEVARD
AND EAST OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE
PROPERTY TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL
DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A
COPY OF THE ORDINANCE HEREINABOVE NAMED CAN BE OBTAINED FROM THE
OFFICE OF THE CITY CLERK, CITY HALL, 100 N.W. 1ST AVENUE, DELRAY
BEACH, FLORIDA.
(INSERT ATTACHED MAP HERE)
The above notice is published as required by State law. The
proposed ordinance and complete legal description of the property
to be annexed may be inspected at the Office of the City Clerk at
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between
the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
excluding holidays.
The City Commission will meet in the Commission Chambers at City
Hall on TUESDA¥o SEPTEMBER 5. 1992, 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
August 24, 1995 Alison MacGregor Harty
August 31, 1995 City Clerk
Instructions to N~wspaper: This is a display ad to be published
in the legal/classified section of the newspaper. Thank you.
BLOOD'S ~ROVE
CITY OF DELRAY BEACH, FLORIDA CITY OF DELRAY BEACH, FLORIDA
-
NOTICE OF ANNEXATION NOTICE OF ANNEXATION AND ZONING
ORDINANCE NO. 43-95
ORDINANCE NO. 42-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, A PARCEL OF LAND KNOWN AS BLOOD'S DELRAY BEACH, A PARCEL OF LAND KNOWN AS THE
GROVE ORCHARD, LOCATED SOUTH OF LINTON 'CLONES PROPERTY, LOCATED ON THE NORTH SIDE OF
BOULEVARD AND EAST OF MILITARY TRAIL, AS MORE WEST ATLANTIC AVENUE, EAST OF AN ADJACENT TO THE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CARVER MIDDLE SCHOOL SITE, AS MORE PARTICULARLY
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; REDEFINING THE BOUNDARIES OF THE CITY TO DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING
OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND;
REPEALER CLAUSE, A SAVING CLAUSE, AND AN PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
EFFECTIVE DATE. LAND; PROVIDING FOR THE ZONING THEREOF TO RM-6
A MAP (not to scale} DEPICTING THE GENERAL LOCATION (MEDIUM DENSITY RESIDENTIAL) DISTRICT, IN PART;
OF THE PROPERTY TO BE ANNEXED IS SHOWN BELOW. A PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
COMPLETE LEGAL DESCRIPTION BY LOT AND CLAUSE, AND AN EFFECTIVE DATE.
SUBDIVISION AND/OR METES AND BOUNDS AND A COPY
OF THE ORDINANCE HEREINABOVE NAMED CAN BE A MAP (not to scale) DEPICTING THE GENERAL LOCATION
OBTAINED FROM THE OFFICE OF THE CITY CLERK, CITY OF THE PROPERTY TO BE ANNEXED IS SHOWN BELOW. A
HALL, 100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA. COMPLETE LEGAL DESCRIPTION BY LOT AND SUBDIVI-
SION AND/OR METES AND BOUNDS AND A COPY OF THE
ORDINANCE HEREINABOVE NAMED CAN BE OBSTAINED
( FROM THE OFFICE OF THE CITY CLERK, CITY HALL, 100
N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA.
I I rlll
I
GRDV[
~ The above notice is published as required by State Law. The
I proposed ordinance and complete legal description of the prop-
arty to be annexed may be inspected at the Office of the City
The above notice is published as required by State law. The Clerk at City Hall, 100 NW. 1st Avenue, Delray Beach, Florida,
proposed ordinance and complete legal description of the between the hours of 8:00 a.m. and 5:00 p.m., Monday through
property to be annexed may be inspected at the Office of the Friday, excluding holidays.
City Clerk at City Halt, 100 N.W. 1st Avenue, Defray Beach,
Florida, between the hours of 8:00 a.m. and 5:00 p.m., Monday The City Commission will meet in the Commission Chambers at
through Friday, excluding holidays. City Hall on TUESDAY. SEPTEMBER 5. 1995. AT 7:00 P.M. (or
at any continuation ot such meeting which is set by the
The City Commission will meet in the Commission Chambers at Commission), at which time the ordinace will be read by title
City Hall on TUESDAY. SEPTEMBER 5. 1~J5. AT 7:00 P.M. (or only and all persons interested will be given an opportunity to
at any continuation of such meeting which is set by the be heard. Please be advised that if a person decides to appeal
Commission), at which time the ordinance will be read by title any decision made by the City Commission with respect to any
only and all persons interested will be given, an.opl:.~,, rtunity ~o be matter considered at this hearing, such person will need a
heard. Please be advised that if a person Decides ~o appea any
decision made by the City Commission with respect to any record of these proceedings, and for this purpose such person
matter considered at this hearing, such person will need a may need to ensure that a verbatim record includes the testi~
record of these proceedings, and for this purpose such person mony and evidence upon which the appeal is to be based. The
may need to ensure that a verbatim record includes the City does not provide nor prepare such record. Pursuant to ES.
testimony and evidence upon which the appeal is to be based. 285.0105.
The City does not provide nor prepare such record. Pursuant to
ES. 285.0105. CITY OF DELRAY BEACH
Alison MacGregor Harty
CiTY OF DELRAY BEACH City Clerk
Alison MacGregor Harty
PUBLISH: August 24 & 31, 1995 City Clerk ThePUb~iSh:NewsAUgust 24 & 31, 1995
The News Boca Raton/Delray Beach
Boca Raton/Delray Beach Ad #714189
A~# 714189
MEMQRANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ICg - MEETING OF SEPTEMBER 5. 1995
SECOND READING/PUBLIC HEARING FQR ORDINANCE NO. 42-95
(ANNEXATION OF BLOOD'S HAMMOCK GROVES)
DATE: SEPTEMBER 1, 1995
This is second reading and public hearing for Ordinance No. 42-95
which annexes a 94.14 acre parcel of land known as Blood's Hammock
Groves. The property is located on the south side of Linton
Boulevard, east of Military Trail.
Associated Future Land Use Map (FLUM) amendments for this site are
part of Comprehensive Plan Amendment 95-1 which is before the
Commission for final adoption simultaneously with the annexation
request. Also on tonight's agenda is first reading for Ordinance
No. 51-95 which establishes the initial zoning classifications.
The reason for separating the annexation and zoning in this case
was to allow the annexation to occur at the same time as the
adoption of Comprehensive Plan Amendment 95-1. Zoning was delayed
pending preparation of legal descriptions for each of the four
zoning districts.
The Planning and Zoning Board considered this matter at public
hearing on July 17, 1995, and voted 6 to 0 to recommend that it be
approved. At first reading on August 8, 1995, the Commission
passed the ordinance by a vote of 4 to 0.
Recommend approval of Ordinance No. 42-95 on second and final
reading.
ref:agmemol6
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/
SUBJECT: AGENDA ITEM # /~ ;~'- MEETING OF AUGUST 2f, 1995
ORDINANCE NO. 42-95
DATE: JULY 28, 1995
This is first reading of Ordinance No. 42-95 annexing to the City
a 94.14 acre parcel of land known as Blood's Grove Orchard. The
subject property is located on the south side of Linton Boule-
vard, east of Military Trail.
The Planning and Zoning Board considered this item at its meeting
of July 17, 1995, and unanimously recommended approval of the
annexation request on a 6 to 0 vote, subject to positive findings ,
with respect to the following: that the property is contiguous,
reasonably compact and does not create an enclave, and that
services will be provided to the property in a manner similar to
other similar properties within the City.
Zoning will be forthcoming upon receipt of the legal descriptions
from the applicant.
Recommend approval of Ordinance No. 42-95 on first reading. If
passed, public hearing on ~t 15, 1995.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
DEP~Z~,RTMENT OF PLANNING AND ZONING
FROM: PAUL DORLING, PI~j~ICIPAL PLANNER
SUBJECT: MEETING OF AUGUST 1, 1995
ANNEXATION OF 94,14 ACRES KNOWN AS BLOODS GROVE
ORCHARD.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of an annexation
request for 94.14 acres known as the Bloods Grove Orchard. The subject
property is located south of Linton Boulevard and east of Military Trail.
BACKGROUND:
On April 18, 1994 the Planning and Zoning Board considered a Future Land Use
Map Amendment (94-1) for 94 acres (balance of Bloods Grove) from County
MR-5 to City designations of 40 acres MD (Medium Density), 40 acres LD (Low
Density), 10 acres CC (Commercial Core), and 4 acres OS (Open Space).
These proposed designations would have allowed a maximum of 680 units. The
accompanying development plan proposed 250 apartments and 375 attached
single family units (total of 625 units). The Planning and Zoning Board had
concerns over the proposed intensity. The Board recommended the proposal be
modified to 64 acres of Low Density, 16 acres Medium Density, 10 acres
Transitional, and 4 acres of Open Space. Under this scenario a maximum unit
count of 519 units would have been allowed. The City Commission heard the
request on May 17, 1994 and voted not to transmit the amendment, citing
concerns over the overall density of the proposal.
On April 17, 1995 the Planning and Zoning Board considered a Future Land
Use Map change for the same 94 acres from the County Land Use Map
designation of MR-5 to City designations of 51 acres of Low Density, 29 acres of
Medium Density, 4 acres of Open Space, and 10 acres of Transitional. The
zoning designations accompanying the FLUM amendment allows a maximum of
496 units and Iow intensity commercial uses. The FLUM amendment which
was part of 95-1 was recommended for approval. On May 2, 1995 the City
Commission approved transmittal of the request to DCA. This associated Future
Land Use Map change will be before the City Commission for final adoption
simultaneously with this annexation request.
City Commission Documentation
Annexation request Bloods Grove
Page 2
The initial zoning request for the property will be before the Commission at its
next meeting and will include designations of PRD-5 (Planned Residential
Development - 5 units per acre) for 51.25 acres, RM-8 (Residential Medium
Density - 8 units per acre) for 29.09 acres, OS (Open Space) for 3.92 acres,
SAD (Special Activities District) for 9.84 acres. The reason for separating the
annexation and zoning in this case is to allow the annexation to occur at the
same time as the adoption of the land use changes, which are part of
Amendment 95-1. The rezoning is being delayed pending preparation of legal
descriptions for each of the four districts. The current County zoning
designation of AR (Agricultural Residential) will be in force until the adoption of
the City zoning designations.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of July 17,
1995. At the public hearing one resident from the Bel Aire subdivision spoke
(Steve Freedman) inquiring as to the location of the future access on Military
Trail. The Del Aire community indicated by way of a letter from their attorney
that they support the request. The Board unanimously recommended approval
of the annexation and zoning on a 6-0 vote (Carolyn Young absent).
RECOMMENDED ACTION:
By motion, approve the annexation request for 94.14 acres of Bloods Grove
subject to positive findings with respect to the following:
· That the property is contiguous, reasonably compact and does not create an
enclave; and,
· That services will be provided to the property in a manner similar to other
similar properties within the City.
Attachments:
* Planning and Zoning staff report
S:\PLAN NI\DOCUME\BLOOD5.DOC
PLANNING ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT
MEETING DATE: July 17, 1995
AGENDAITEM: V.B.
ITEM: Annexation & Initial Zoning of PRD-5, RM-8, OS, &'SAD Districts
for Bloods Hammock Groves.
GENERAL DATA:
Applicant Donaldson E. Headng
Cotleur Headng
Location ................................................. South side of Linton Boulevard,
east of Military Trail.
Property Size ......................................... 94.14 acres
Land Use Map Designation .................... Transitional ..
County Zoning Designation .................... AR (Agricultural Residential)
Proposed Zoning Designations .............. PRD-5 (Planned Residential Development)
SAD (Special Activities District), OS
(Open Space) and RM-8 (Multiple Family
Residential)
Adjacent Zoning ............................ North: CF (Community Facilities), RM-10 (Multiple
RL (Multiple Family Residential)
East: RS (Single Family Residential - PBC), OSR
(Open Space and Recreation), A (Agricultural),
and CF
South: R-l-AA (Single Family Residential) and OSR
West: POC (Planned Office Center), RM-IO, CF, RS/SE
(Single Family Residential - PBC),
Existing Land Uses ................................ Existing commercial orange grove.
Proposed Land Uses .............................. Annexation and initial zoning for a 94.14 parcel
proposed for 51.25 acres of PRO, 29.09 acres of
RM, 9.84 acres of SAD, and 3.96 acres of OS.
Water Service ........................................ Existing 12' water main in Germantown Road
right-of-way. Existing 10" water main in Linton
Boulevard. Existing 12" sewer main serving the
Blood's Grove Elementary School
Sewer Service ........................................ Existing 8" sewer main serving the Blood's Grove
Elementary School tied into an existing lift station
on site.
The action before the Board is that of making a recommendation on an
annexation and initial zoning request to PRD-5, RM-8, SAD, and OS for 94.14
acres known as the Bloods Grove Orchard.
The subject property is located south of Linton Boulevard and east of Military
Trail.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make
a recommendation to the City Commission with respect to annexation and
zoning of property within the City's Planning Area.
With the adoption of the Comprehensive Plan in November, 1989, "advisory"
land use designations were applied to all areas which were outside the City limits
but within the City's Planning Area. The 111 acre Bloods Grove site was given
advisory designations as follows: 40 acres Medium Density Residential, 40
acres Low Density Residential, 17 acres Community Facilities, 10 acres
Commercial Core, and 4 acres Open Space. The 17 acres of Community
Facilities was intended to accommodate a future elementary school site,
neighborhood park, and fire station in the southwest portion of the City. On
November 26, 1991 the City annexed 1.808 of the 111 acres, at the northeast
corner of the property via Ordinance 76-91. The 1.808 acres consisted of an
access easement as well as a temporary and permanent fire station site. The
temporary fire station was placed on the site while the permanent fire station was
constructed. Fire station # 5 has since been completed and the temporary
station removed.
In April, 1993, an annexation petition, Future Land Use Map amendment and
initial zoning request to accommodate a 10 acre elementary school site on the
Taheri property adjacent to Bloods Grove was submitted. Before those actions
were formally processed, the School Board reconsidered that location and
instead chose a 10 acre site in the northeast portion of Bloods Grove. As a part
of the School District's purchase contract the City is to locate a municipal park
contiguous to the school site.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 2
In April, 1993 the owners of Bloods Grove granted agency to the City for the
processing of an annexation petition and all land development applications
necessary to accommodate a 10 acre elementary school (School Site S) and 6
acre municipal park. The change in land use from MD (Medium Density
Residential) to CF (Community Facilities) was processed with Land Use Plan
Amendment 93-2. The related annexation and initial zoning were approved by
City Commission on March 22, 1994. The Conditional Use request to establish
the school was approved by City Commission at its meeting of April 5, 1994. On
April 8, 1994 the sa~e of the school site to Palm Beach County School Board
and the park site to the City was consummated. The school site is now under
construction and the park site is slated for future development.
On April 18, 1994 the Planning and Zoning Board considered a Future Land Use
Map Amendment for 94 (balance of Bloods Grove)acres from County MR-5 to
City designations of 40 acres MD (Medium Density), 40 acres LD (Low Density),
10 acres CC (Commercial Core), and 4 acres OS (Open Space). These
proposed designations would have allowed a maximum of 680 units. The
accompanying development plan proposed 250 apartments and 375 attached
single family units (total of 625 units). The Planning and Zoning Board had
concerns over the proposed intensity. In addition several members were
concerned with the relocation of the Commercial Core designation from the
center of the site to Linton Boulevard. The Board recommended the proposal be
modified to 64 acres of Low Density, 16 acres Medium Density, 10 acres
Transitional, and 4 acres of Open Space. Under this scenario a maximum unit
count of 519 units would have been allowed. The City Commission heard the
request on May 17,1994 and Voted not to transmit the amendment, citing
concerns over the overall density of the proposal.
On April 17, 1995 the Planning and Zoning Board considered a Future Land
Use Map change for the same 94 acres (balance of Bloods Grove) from the
County Land Use Map designation of MR-5 to City designations of 51 acres of
Low Density, 29 acres of Medium Density, 4 acres of Open Space, and 10 acres
of Transitional. This amendment which was part of 95-1 was recommended for
approval. On May 2, 1995 the City Commission approved transmittal of the
request to DCA. This associated Future Land Use Map change will be before
the Planning and Zoning Board and City Commission for final adoption
simultaneously with this annexation and initial zoning request. The related
annexation and initial zoning for the 94 acre site is now before the Board for
action.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 3
The request is for voluntary annexation of 94.14 acres and the application of the
following four initial zoning districts ·
* PRD-5 ( Planned Residential Development -5 units per acre) -51.25 acres
- Maximum 258 sq.ft, units
* RM-8 (Residential Medium Density ~ 8 units per acre) - 29.09 acres -
Maximum of 234 multi-family units
* OS (Open Space ) - 3.92 acres
* SAD (Special Activities District) - 9.84 acres
The Open Space district will accommodate an existing hammock environment
which is to be preserved. Under the SAD zoning designation the following
specific uses are requested;
· Thirty-three thousand and five-hundred (33,500) sq.ft, of Citrus Packing
House and related office and retail uses (floral, fruit sales, gifts, and juice bar)
subject to a maximum retail component of 10,700 sq.ft.
· Additional retail sales such as convenience foods; household supplies;
garden and lawn supplies; drugs and medicine; small appliance sales and
repairs; baked goods; delicatessen goods, subject to a maximum of 5,000
sq.ft, of floor area allocated to a single retail use, or groups of retail uses not
to exceed 20,000 sq.ft, maximum.
· Provision of services such as: barber and beauty shops; dry cleaning limited
to on-site processing for customers pick-up only; dry cleaning and laundry
pick-up stations; financing e.g. banks and similar institutions excluding drive-
through facilities; laundromats limited to self service facilities; equipment
rental; newsstands subject to the maximum area devoted to a single tenant
for service uses not to exceed 2,000 sq.ft, in floor area and the floor area
allocated to groups of service uses not to exceed 10,000 sq.ft, maximum.
· Up to 7,500 sq.ft, of restaurant use excluding drive-in, drive-through facilities.
· Professional, medical, and general business office uses.
· Residential uses as allowed within the RM zoning district.
· A maximum floor area for the combined uses is not to exceed 65,000 sq.ft.
as noted on the accompanying sketch Plan.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 4
A master plan showing the intensity, and general location of buildings,
circulation, parking and perimeter landscape buffers has been provided. An
alternative approval scenario (i.e. SPRAB versus P&Z) is requested for the
specific site plan, landscape plan, and elevations approval (see discussion later
in this report).
Florida Statutes Governing Annexations:
Pursuant to Florida Statute 171.044 "the owner or owners of real property in an
incorporated area of the County which is contiguous to a municipality and
reasonably compact may petition the governing body of said municipality that
said property be annexed to the municipality". Pursuant to F.S. 171.044 (5)
"land shall not be.annexed through voluntary annexation when such annexation
results in the creation of enclaves".
The owner of the subject property has petitioned for a voluntary annexation.
The property is contiguous with the City, reasonably compact, and its
annexation will not create an enclave. The parcel is contiguous via the
Shadywood subdivision to the north, Del Aire subdivision to the south, and
the Linton Office Center, South County Mental Health Facility and the
proposed Citation Club rental community to the west.
An "Enclave" is defined by Florida Statute 17.1.031 as:
"Any unincorporated improved or developed area that is enclosed within
and bounded by single municipality and a natural or manmade obstacle
that allows the passage of vehicular traffic to that unincorporated area
only through the municipality."
The annexation of this property will not create an enclave of the Foxe Chase
subdivision to the east as this subdivision by the above definition is already
an existing enclave. Currently the subdivision's access is restricted to
Germantown Road in which all vehicular traffic must first enter the City before
accessing the development.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 5
Consistency with the City's Comprehensive Plan:
The City's current Advisory Future Land Use Map designation for the property is
a combination of Open Space, Commercial Core, Low Density Residential and
Medium Density Residential. This designation is being modified via the Land
Use Amendment request 95-1 to Low Density, Medium Density, Open Space,
and Transitional. The County Land Use Map designation for the property is MR-
5 (Medium Density Residential). The City's FLUM designations will become
effective upon annexation and completion of the City's Plan Amendment 95-1
scheduled for City Commission action at the same meeting as this annexation
and initial zoning proposal.
Designated Annexation Area: This requested annexation is consistent with
Policy B-3.4, of the City's Future Land Use Element which calls for annexation of
eligible properties. The prOperty is shown within the "designated annexation
area" # 2, east of Military Trail and south of Linton Boulevard.
Provision of Services; When annexation of property occurs, services are to be
provided in a manner which is consistent with services provided to other similar
properties already in the City (Future Land Use Policy B-3.1). The following is a
discussion of required services and potential provision levels.
Police:
This property is currently serviced by the Palm Beach County Sheriffs Office,
located at 345 South Congress, which serves the South County Area. The
property lies within Sheriff patrol zone 7. Zone 7 is bordered by Jog Road on
the west, Delray Beach City limits on the east, Atlantic Avenue to the north, and
Clint Moore Road to the south. One officer is assigned to a particular zone
during a shift (three shifts per day). Additional response can be mustered from
"Cover Cars" which roam throughout zones randomly, depending on their
availability in South County during that time.
The City of Delray Beach's Police department has 14 cars per shift patrolling a
15 square mile area; and, as a consequence, significantly improved response
time should be realized. Annexation will not require additional manpower, as
police currently pass the property while patrolling areas of the City to the north,
south, and west of the property.
Fire and Emergency Services:
The annexation of this property will not require additional manpower. The
municipal area is served by Fire Station #5 located immediately east of the
property on Germantown Road.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 6
With annexation the property will receive an improvement in response time from
the current 6 minutes for the County Fire Department (Fire Station #42/Hagen
Ranch Road near the Turnpike) to approximately 1 minute for the City's Fire
Department ( Fire Station #5 / Germantown Road and Linton Boulevard).
Water:
Water is available to the site from the north (Germantown Road and Linton
Boulevard ) and from the east within the elementary school site. On site
extensions of a 12" water main will be required through the site to tie into water
mains proposed within the Citation Club development (Tahed property) as well
as across the L-37 canal to connect with existing 8" water mains within the Del
Aire subdivision. Along the new mains, fire hydrants must be installed with a
maximum of 300' spacing.
Sewer:
Sewer service is available from a new 8" main which has been extended from
Linton Boulevard south to the elementary school. With the school development
a new lift station has also been constructed which has been sized to
accommodate future development of this site. Gravity main extensions (8") will
be required with further development of the site.
Streets:
The property has access from both Military Trail to the west and Linton
Boulevard to the north. Access to the existing Bloods Orchard commercial
operation is gained from a new entry built with the newly aligned intersection of
Germantown and Linton Boulevard. Military Trail and Linton Boulevard are
under the jurisdiction of Palm Beach County and the jurisdictional and
maintenance responsibility will not change with annexation.
Parks and Open Space:
As the Planning Area was considered in the development of the Comprehensive
Plan, the act of annexation and applying initial zoning designations consistent
with the advisory land use designations will have no effect on parks and open
space levels of service. It is noted that the zoning designations being sought are
less intense than those considered with the development of the Comprehensive
Plan. Further, as part of this development proposal 4 acres of the site is to be
dedicated as open space to preserve an existing Hammock area.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 7
Solid Waste:
As there is no actual change in land use there will be no change in the existing
solid waste generation at this time. The service provider for the developed
portion (Bloods Orchard commercial operation ) would remain the same (South
County Sanitation) while future site development will have a different provider
as described later in this report.
Financial Impacts:
Impact Upon Annexed Property:
For the 1994 tax year the subject property had an assessed value of $2,662, 205
with an agricultural exemption of $2,185,250 for a total taxable value of
$476,955. With the change from County to City jurisdiction, the following taxes
and rates are affected:
Ad Valorem Taxes Mileage With annexation
Fire/Rescue MSTU 2.5539 Deleted (County)
Library .4437 Deleted (County)
City of Delray Beach 6.8800 Added (City)
City of Delray Beach 1.0700 Added (City)
4.9524 difference
* Total tax mileage in the County is 2011501 mills while in the City the total
millage rate is 25.1020 mills
The current yearly ad valorem taxes are $ 9,610.69. With annexation the yearly
ad valorem taxes will be $11,972.52; a tax difference of $2,361.83. In addition
to property taxes the following non ad valorem fiscal impositions apply:
Delray Beach Storm Water Utility - This assessment is based upon the
percentage of impervious area of the buildings, parking areas, etc. A 25%
discount from the assessment is available as the site is within the Lake Worth
Drainage District and an additional 25% discount is available for the on site
retention system. The estimated annual Storm water Assessment fee for the
existing commercial operation is $919.00 a year. With future development of the
commercial and residential portion of the site the assessment will increase
accordingly.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 8
Solid Waste Authority: - This site is currently serviced by South County
Sanitation, which is under a five year contract that runs from October 1, 1993
through September 30, 1998. The City's contract is currently through Waste
Management Inc. Pursuant to Florida Statute 171.062(4)(a) "if a party has a
contract which is in effect for at least six months prior to the initiation of an
annexation, the franchisee may continue to provide such services to the
annexed area for five years or the remainder of the franchise term, whichever is
shorter. As the annexation was not initiated within the six month period, the
waste provider for the commercial operation will not change with annexation.
When this current contact expires, the waste provider for this property will be the
current City provider. The out-of-City / in-City rates are anticipated to be
competitive.
With future development of the balance of the site (residential portion) the
service provider will be the current City provider.
Occupational Licenses: With annexation the existing commercial operation will
be required to obtain City Occupational Licenses in addition to the required
County Licenses. It is anticipated that the juice bar, gift shop and garden shop
will generate $240.00 (current fees), 375.00 (proposed fees) in annual City
license fees.
Resulting impact to property owner:
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(Change from 94/95 County $2,361.83
20.1503 to City 94/95 rate
25.1020 mills. (4.9524)
NON AD VALOREM
Stormwater Assessment $ 919.00
Solid Waste Collection $ .00
OCCUPATIONAL LICENSE FEES $ 240.00
TOTAL $ 3,520.83
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 9
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time from 6.0 minutes
(estimated time) (County) to 1.0 minutes (City).
EMS + Faster response time from 6.0 minutes
(estimated time) (County) to 1.0 minutes (City).
POLICE + Better response based upon more officers
in field.
CODE ENFORCEMENT + Pre-active versus reactive opportunity to
work with property owners.
Fiscal Impacts to the City:
At the 1995 City operating millage rate of 6.88 mills and debt rate of 1.07 mills,
the property will generate approximately $3,791.79 in new ad valorum taxes
per year. This total increases to $21,164.53 with the removal of the agricultural
exemption. With future residential and commercial development , additional
revenue will be realized through increased assessment value, building permit
and license fees, the annual collection of the Stormwater assessment fees as
well as utility taxes (9.5% electric, 7% telephone) and franchise fees (5.536%
electric, 1% telephone and 3% cable).
With future development of the residential portions of the property additional
revenues will be generated from per capita reimbursements. The major sources
of per capita revenue are sales tax, cigarette tax, and State Revenue sharing.
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval
of development applications, certain findings must be made in a
form which is part of the official record. This may be achieved
through information on the application, the staff report, or minutes.
Findings shall be made by the body which has the authority to
approve or deny the development application. These findings relate
to the following four areas.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 10
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 City Future Land Use designation in the related Future Land Use
Map amendment (95-1) is a combination of Low Density, Medium Density, Open
Space and Transitional. The proposed zoning designations of PRD-5, RM-8,
Open Space, and the SAD as described are consistent with these Future Land
Use Map designations.
The list of uses includes those that were specifically requested by the applicant
as well as others that are consistent with zoning districts allowed under the
Transitional Land Use designation (i.e. RM, POC, POD and NC). No square
footage restrictions (other than overall SAD maximums) are placed on the
office or residential uses as these uses are allowed without restrictions under
the POD, POC and RM zoning designations.
The proposed 33,500 sq.ft.of Citrus packing house use includes the
. existing 20,000 sq.ft, of manufacturing, office and commercial components and
an additional 5,000 sq.ff, of related retail, 3,000 sq,ft, of manufacturing and
5,500 sq.ft, of office use.
The proposed restrictions to the service and retail components are generally
consistent with the restrictions outlined under the NC zoning district. The
following differences are noted;
* The Neighborhood Commercial zoning district (NC) restricts retail uses to
a 10,000 sq. ft. total versus 20,000 sq. ft. as requested. This is
appropriate as the overall size of the SAD (10 acres) is larger than the
maximum allowable NC site (2 acres). The applicant has agreed to limit
the maximum square footage per tenant to 5,000 sq.ft, verses the
maximum of 10,000 as allowed under the NC district. This will help
ensure that the resulting retail is a mix of specialty shops, rather than a
larger retail outlet.
* The Neighborhood Commercial District further restricts restaurants to a
maximum of 2,000 sq.ft, per tenant while no such restriction is placed on
the requested 7,500 sq.ft, restaurant use. Again, given the larger size of
the property, and the fact that restuarants are also permitted in the POC
zoning district (with restrictions), the 7,500 sq.ft, is not unreasonable.
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.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 11
The proposal involves the annexation of an existing commercial operation and
orchard. At the time of annexation there will be no change in the manner in
which water, sewer, drainage, solid waste and streets/traffic services are
provided. Fire, Police and EMS will shift to a different provider; all these services
will be equal to or enhanced (see annexation analysis for details).
A traffic study was submitted based upon a development potential of 350 Multi-
family units, 200 single family units and 108,900 square feet of commercial
development. The project is anticipated to generate approximately 7,347 new
daily trips. The traffic study indicates that the residential components of the
project will be built first (through 1996). The retail component will be built after
1996 with a projected build out of 1999. The traffic study shows the need to
phase the timing of the project in accordance with three roadway improvements.
These include:
· No building permits for more than 20 single family units or 28 multifamily units
may be issued until improvements to the intersection of Military Trail and Clint
Moore are under construction. The improvement consists of dual left turn
lanes on the north and south approaches. Palm Beach County has the
improvement programmed for this year. This improvement to the intersection
of Military Trail and Clint Moore Road allows the project to be built through
1996. After 1996, Military Trail does not meet Traffic Performance Standards
due to background growth.
· No building permits beyond 1996, or for the retail component may be issued
until the widening of Military Trail between Linton Boulevard and Clint Moore
Road is under construction. This improvement is scheduled for fiscal year
96/97.
The traffic study further shows a need for a left turn lane and right turn at the
project entrance at Linton Boulevard. Additional turn lane improvements may be
required at Military Trail. Further, as the project generates more than 7,000 net
daily trips it is classified as a major project. Major projects require an additional
test (Test 2) to be run by the Metropolitan Planning Organization and final
approval from the Palm Beach County Traffic division can not be issued until the
model run is completed.
With future development of the site a central access roadway is proposed
through the property from Linton Boulevard south to Military Trail. The majority
of this roadway is proposed as a private gated roadway, however, access to the
elementary school site and Linton Boulevard is to be provided for the Citation
Club rental community proposed on the Taheri property. This required access is
indicated as a City collector on the Future Land Use Map and in the
Comprehensive Plan.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 12
As no development proposal is eminent for Bloods the ability to provide this
connection must be maintained and required of future development. It is
recommended that prior to removing the reference to this connection as a City
Collector from the Future land Use Map a developers agreement be executed
and recorded between Bloods and the City requiring the desired connection.
This agreement should be submitted and executed during the platting process at
which time right-of-way dedications and access tracts will be established.
In addition, a collector roadway is proposed extending south from Linton
Boulevard between the City park site and the proposed SAD portion of this
proposal. This collector roadway will provide access to the new elementary
school for both bus and parent traffic. Both of these internal roadways are to be
constructed concurrently with development of the site at the developer's
expense.
Consistency: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5 (D)(5) (Rezoning Findings) shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3,2 and other policies which apply are
as follows:
C) Additional strip commercial zoning on vacant properties shall be
avoided. This policy shall not preclude rezonings on land that at the
time of rezoning has improvements on it . Where existing strip
commercial areas or ~zoning exists along an arterial street ,
consideration should be given to increasing the depth of the
commercial zoning in order to provide for better project design.
The proposed SAD portion of the initial zoning application is not a strip
commercial zone district. The parcel has a depth of over 1,000 feet and
will have the uses internally orientated. The commercial aspects will
complement the existing Citrus packing house, creating a unique
shopping designation.
D) That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land uses both
existing and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse impacts from
the new use.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 13
The application of specific zoning designations throughout the parcel have
been selected to maximize compatibility with adjacent development. The
Low Density zoning (PRD-5) is proposed along the south and east
portions of the site adjacent to the Iow density Foxe Chase and Del Aire
communities. The Medium Density designation of RM-8 is proposed
between the Linton Office Center, South County Mental Health facility and
Citation Club Rental Community to the west and the proposed SAD parcel
to the east. The SAD parcel is between the proposed RM-8 to the west
and the new elementary school and municipal park site to the east.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of
Section 3.1.1, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the
current zoning inappropriate; and,
c. That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
As this petition is an initial zoning designation to be applied to property, being
annexed the above section does not apply.
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and the following was found:
Conservation Element Policy B-2.1: - Submission of a biological survey
and a habitat analysis shall accompany land use requests for...rezonings...
However this requirement shall not apply.., where it is that there are not
such resources.
An Environmental Assessment of the site was conducted by Grant
Thornborough & Associates and submitted in March, 1994. The
conclusions of the study includes a recommendation to preserve the only
environmentally significant parcel (oak hammock site). This is being
accomplished through the application of the Open Space zoning category.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 14
.Housing Element Objective C-2: - Redevelopment and the development of
new land shall result in the provision of a variety of housing types which
shall continue to accommodate the diverse makeup of the City's
demographic profile. Policies which will assure this objective include:
Housing Element Policy C-2.2: Vacant Land areas west of 1-95, shown on
the Future Land Use map as Iow density residential and rural residential,
shall be retained for single family detached housing or Iow density planned
unit residential development.
The development proposal provides a mix of housing types which
includes a Iow density planned unit development on the Iow density
portion of the site.
Compliance with Land Development Regulations: The proposed use is to
be in compliance with the Land Development Regulations.
Items identified in the Land Development Regulations shall
specifically be addressed by the body taking final action on a land
development application/request.
The applicant has submitted a master plan for the SAD component of the
request. Normally, concurrent with the processing of the SAD rezoning
application, a complete site and development plan must be processed. Further,
any future modifications i.e. addition of parking spaces etc. must be processed
as a rezoning of the SAD requiring review by the Planning and Zoning Board and
approval by City Commission. This process was implemented when both
rezonings and site plan reviews were conducted by the Planning and Zoning
Board.
Since 1990 the Planning and Zoning Board has not reviewed site plans,
landscape plans, or elevations except in the case of master plans. The master
plan shows the intensity, and general location of buildings, circulation, parking
and perimeter landscape buffers.
Substantial changes to an SAD including changes in intensity, change of uses
etc. should continue to be reviewed by both the Planning and Zoning Board and
City Commission. However, minor changes to SAD site plans should not. It is
recommended that the Board remand the specific site plan, landscape plan, and
elevations for the SAD portion of this development to the Site Plan Review and
Appearance Board (SPRAB) for approval. In addition , language should be
added to the SAD ordinance specifying that future modifications which are not
substantial and do not deal with intensification or types of uses can be reviewed
by SPRAB and processed as site plan modifications.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 15
In reviewing the SAD sketch plan the following Land Development issues are
noted and must be addressed with the future submittals of the specific site plan,
landscape plan, and elevations:
* A 30' landscape buffer is required along Linton Boulevard pursuant to Section
4.3.4 (H)(6). This buffer is to be in addition to the 80' LWDD canal right of
way currently shown as the landscape buffer.
· After provision of the 30' landscape buffer the location of the northernmost
building along with the provision of parking north of the building should be
revisited.
· A total of 54 of 226 parking spaces are provided in close proximity to the
shops. If the development is successful conveniently located parking
would be limited. Revisiting the location of the parking spaces may be
appropriate.
* The location of the pedestrian circulation system should be shown.
Presently, there are no sidewalk connections or crosswalk locations shown
between groups of stores, and parking areas. In addition, the sidewalk/
pedestrian connection along the spine road (new access road) should be
noted.
* The future elevations of buildings which have their sides or ream facing
Linton Boulevard should be provided with additional detail and facade
features to minimize the aesthetic impact.
Parking spaces are not to exceed 10 spaces in a row without being separated
by a landscape island, conflicts are noted east of the packing house. In
addition, all handicap spaces are to be provided with 5' ramp areas. Per ADA
standards parking lots between 201 and 300 parking spaces are required to
have a minimum of 7 handicap spaces, 6 have been provided.
The PRD zoned portion of the property will require submittal of a master plan
{Section 4.4.7(E)} which must be reviewed and approved by the Planning and
Zoning Board. The SAD and RM-8 components will require site plan approval
by the Site Plan Review and Appearance Board. In addition, a preliminary plat
must be provided for the entire site identifying the location of the access
roadway, new collector road, main utilities, lift station location, etc. Final plats
will be required for each section of the development i.e. PRD, RM-8 and SAD.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 16
The initial zoning is not in a geographic area requiring review by either the HPB
(Historic Preservation Board), DDA (Downtown Development Authority) or the
CRA (Community Redevelopment Agency).
Notification of Adjacent Local Governments:
Per Policy A-1.7 of the Intergovernmental Coordination Element of the City of
Delray Beach Comprehensive Plan notification must be provided to an adjacent
unit of government of any development proposal which involves a private land
use petition requiring Local Planning Agency review and located within one-
quarter mile of the boundary of that unit of government. Notice of this application
has been sent to City of Boca Raton and Palm Beach County Planning Division.
No objections have been received for either government agency.
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius
of the subject property. A special certified notice has been sent to each of the
property owners of record.
Courtesy notices have been sent to:
* Helen Coopersmith (PROD)
* Erminio P. Guiliano (Foxe Chase)
* Saul Weinburger, (Del Aire )
* Jim Goggin (Country Lake Association)
* Shadywoods Homeowners Association.
* Spanish Wells Condo Association
* Gretchen Bacon, Oakmont Residential Assoc.
The annexation of this property is consistent with the Comprehensive Plan
policies which call for annexation of eligible properties (Future Land Use
Element, Policy B-3.4).
The proposed initial zoning designations of PRD-5, RM-8, OS, and SAD are
consistent with the proposed Future Land Use designations of Low Density,
Medium Density, Open Space, and Transitional being processed as part of 95-1.
P&Z Staff Report
Annexation and Initial Zoning - Bloods Property
Page 17
The proposed development intensities allowed under the proposed initial zoning
request are significantly less than the maximums allowed under the advisory
designation established in 1989 and the initial annexation request of April, 1994.
Given the above the proposal is consistent, compatible, and harmonious with
adjacent properties and the City as a whole.
A. Continue with direction.
B. Recommend approval of the annexation request and initial zoning
based on positive findings with respect to Section 2.4.5(D)(1)
(Rezonin9 Findings), Section 3.1.1, and the Performance
Standards of Section 3.3.2, policies of the Comprehensive Plan.
C. Recommend denial of a annexation and initial zoning based on a
failure to make positive findings.
Recommend approval of the Annexation request with an initial zoning of PRD-5
(51.25 acres), RM-8 (29.09 acres), OS (3-.92 acres), and SAD (9.84 acres) based
upon positive findings with respect to Section 3.1.1, Section 3.3.2, Section
2.4.5(D)(1) and policies of the Comprehensive Plan and upon the following
findings:
· 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.
MILITARY TRAIL
Blood's Hammock Gr°ves
Surroundin Zonin, Designation