43-95 ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ail-America City
· P-2~-t99'j 2118~ ~5--;308z~67
1993 0[~ ~ ~;~ ~2 P~J ~
I II I IIII III I I I I II I I I III
CERTIFICATION
I, ALISON MacGREGOR HARTY, City Clerk of the City
of Delray Beach, Florida, do hereby certify that the
attached is a true and correct copy of Ordinance No. 43-95,
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
Print~ on Recycled P~er
ORDINANCE NO. 43-95
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 THE JONES PROPERTY,
LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE,
EAST OF AND ADJACENT TO THE CARVER MIDDLE SCHOOL
SITE, 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 FOR THE ZONING OF
A 4.2 ACRE PORTION OF THE LAND TO RM-6 (MEDIUM
DENSITY RESIDENTIAL - 6 UNITS PER ACRE) DISTRICT, AND
A 13.9 ACRE PORTION OF THE LAND TO RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Patricia M. Jones is the fee-simple owner of a
parcel of land as more particularly described herein; and
WHEREAS, Joseph S. Torg and Company, Inc., as duly
authorized agent for the fee-simple owner 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 designation of a zoning classification is part
of the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the
proposed zoning designations; 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:
PARCEL "A":
The East 100.00 feet lying West of and parallel with
the East line of the West 1/4 of the Northeast 1/4 of
the Southeast 1/4 of Section 13, Township 46 South,
Range 42 East.
TOGETHER WITH
The North 170.00 feet of that part of the West
Quarter (W 1/4) of the Northeast Quarter (NE 1/4) of
the Southeast Quarter (SE 1/4) and the East Quarter
(E 1/4) of the Northwest 'Quarter (NW 1/4) of the
Southeast Quarter (SE 1/4), all in Section 13,
Township 46 South, Range 42 East, Palm Beach County,
Florida, lying North of State Road No. S-806 (West
Delray Road), as recorded in Road Plat Book 3, Page
27, Public Records of Palm Beach County, Florida.
LESS right-of-way for Lake Worth Drainage District.
Containing 4.2 acres, more or less.
That part of the West Quarter (W 1/4) of the
Northeast Quarter (NE 1/4) of the Southeast Quarter
(SE 1/4) and the East Quarter (E 1/4) of the
Northwest Quarter (NW 1/4) of the Southeast Quarter
(SE 1/4), all in Section 13, Township 46 South, Range
42 East, Palm Beach County, Florida, lying North of
State Road No. S-806 (West Delray Road), as recorded
in Road Plat Book 3, Page 27, Public Records of Palm
Beach County, Florida. LESS right-of-way for Lake
Worth Drainage District.
LESS THE FOLLOWING PARCELS:
That part of the West Quarter (w 1/4) of the
Northeast Quarter (NE 1/4) of the Southeast Quarter
(SE 1/4) and the East Quarter (E 1/4) of the
Northwest Quarter (NW 1/4) of the Southeast Quarter
(SE 1/4) of Section 13, Township 46 South, Range 42
East, Palm Beach County, Florida, lying North of the
North right-of-way line of State Road No. 806, as
shown on the Plat thereof, recorded in Road Plat Book
3, Page 27, Public Records of Palm Beach County,
Florida, described as follows:
- 2 - Ord. No. 43-95
BEGINNING at the point of intersection of the said
North right-of-way line of State Road No. 806 and the
West line of the said East Quarter (E 1/4) of the
Northwest Quarter (NW 1/4) of the Southeast Quarter
(SE 1/4) of Section 13; thence North O0 degrees 41'
22" West, along said West line, a distance of 400.00
feet to a line 400.00 feet North of and parallel With
said North right-of-way line; thence North 89 degrees
22' 08" East, along said parallel line, a distance of
69.00 feet; thence South 00 degrees 41' 22" East, a
distance of 237.19 feet; thence North 89 degrees 12'
25" East, a distance of 133.29 feet; thence South 40
degrees 33' 35" East, a distance of 100.31 feet;
thence North 85 degrees 51' 09" East, a distance of
110.55 feet; thence South 00 degrees 38' 25" East, a
distance of 93.05 feet to the said North right-of-way
line of State Road No. 806; thence South 89 degrees
22' 08" West, along said North right-of-way lane, a
distance of 377.00 feet to the said POINT OF
BEGINNING;
AND
The East 100.00 feet lying West of and parallel with
the East line of the West 1/4 of the Northeast 1/4 of
the Southeast 1/4 of Section 13, Township 46 South,
Range 42 East, AND the North 170.00 feet of that part
of the West Quarter (W 1/4) of the Northeast Quarter
(NE 1/4) of the Southeast Quarter (SE 1/4) and the
East Quarter (E 1/4) of the Northwest Quarter (NW
1/4) of the Southeast Quarter (SE 1/4), all in
Section 13, Township 46 South, Range 42 East, Palm
Beach County, Florida, lying North of State Road No.
S-806 (West Delray Road), as recorded in Road Plat
Book 3, Page 27, Public Records of Palm Beach County,
Florida. LESS right-of-way for Lake Worth Drainage
District.
Containing 13.9 acres, more or less.
The subject property is located on the north side of
West Atlantic Avenue, lying east of and adjacent to
the Carver Middle School site; containing 18.~0
acres, more or less.
- 3 - Ord. No. 43-95
~_~ That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
parcels and said land is hereby declared to be within the corporate
limits of the City of Delray Beach, Florida.
~_~ 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 as Parcel "A" is hereby declared to be in Zoning District
RM-6 (Medium Density Residential - 6 du/ac) as defined by existing
ordinances of the City of Delray Beach.
~ 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 as Parcel "B" is hereby declared to be in Zoning District RM
(Medium Density Residential) as defined by existing ordinances of the
City of Delray Beach.
Section 5 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 6. 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.
Section 8. 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.
- 4 - Ord. No. 43-95
~ That this ordinance shall become effective as
follows: As to annexation, immediately upon passage on second and
final reading; as to zoning, immediately upon the effective date of
Ordinance No. 44-95, under which an official land use designation of
Medium Density Residential is affixed to the subject property
heretnabove described.
PASSED AND ADOPTED in regular session on second and final
reading on this the 5th day of September , 1995.
ATTEST: ~
City Clerk i
First Reading August 8r 1995
Second Reading September 5, 1995
- 5 - Ord. No. 43-95
..... u~, 8932
ELLWOOD DR. ~
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I FRANWOOD DRIVE
I
ATLAN TIC AVENUE S.R 806)
N JONES PROPER~
~,,.,,,.~ ~,~,, ANNEXATION
RECORDER'S UEMO: togib~ii~ of document
unsatisfacto~ when rece~ve~.
ROD ,ir OLIN CLUB
RE~TAURAN1
A T L A N T I C A V E N U E ,, S., R 8 0 6 ) ,,
SHERWOOD
-- l)/Ctr~t B~SE UAl' SrSZE~ ---
RECORDE~'S ~]EMO' ~ ogibiiity
unsatisfac/~n, ~,~'~ .... .of document
DOROTHY H. I~ILI(E~ ~ I~ C~ FL
ANNEXATION BRIEF FOR THE JONES PROPERTY
Property_ Control Number: 00-42-46-13-00-000-5040
Acreage: 18.10 Acres
Number of
Buildings
Taxable Value: On-Site:
$1,017,481.00 5
_Pro!ected Population Increase: -5-
Owner's Address: Property. Address:
Ms. Patricia M. Jones 4285 W. Atlantic Avenue
1430 N. Ocean Boulevard Delray Beach, FL 33444
Gulfstream, FL 33483
County Land Use Designations: MR-5 (Medium Density Residential) and HR-8
(High Density Residential)
City Land Use Designation: Medium Density Residential (5-12 du/ac)
City Zoning Designations: RM-6 (Medium Density Residential - 6 du/ac)
and RM (Medium Density Residential)
Current Use of Property.: Primarily vacant land with 3 residential
structures and 2 multi-bay garages.
[ITY OF i)ELAi:IY BER[H
DELRAY BEACH
~ 100 N,W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmedcaCity
1993
TO: DISTRIBUTION LIST
FROM: JEFF COSTELLO, SENIOR PLANNER
SUBJECT: JONES ANNEXATION
DATE: SEPTEMBER 20, 1995
At its meeting of September 5, 1995, the City CommiSsion approved on second
and final reading an ordinance annexing a 18.10 acre property known as the
Jones property. The attached map shows the location of the property which is
now within municipal boundaries, and under municipal jurisdiction. Attached for
your information is the annexation brief for the subject property. If you have any
questions, do not hesitate to contact me at ext. 7046.
THE EFFORT ALWAYS MATTERS
DISTRIBUTION LIST
David Harden, City Manager
Bob Barcinski, Assistant City Manager, Administrative Services
Linda Turnage, Budget Administrator
Susan Ruby, City Attorney
Alison MacGregor-Harty, 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
George Diaz, 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
ANNEXATION BRIEF FOR THE JONES PROPERTY
Property. Control Number: 00-42-46-13-00-000-5040
Acreage: 18.10 Acres
Number of
Buildings
Taxable Value: On-Site:
$1,017,481.00 5
Projected population Increase: - 5 -
Owner's Address: property Address:
Ms. Patricia M. Jones 4285 W. Atlantic Avenue
1430 N. Ocean Boulevard Delray Beach, FL 33444
Gulfstream, FL 33483
County Land Use Designations: MR-5 (Medium Density Residential) and HR-8
(High Density Residential)
City. Land Use Designation: Medium Density Residential (5-12 dulac)
City. Zoning Designations: RM-6 (Medium Density Residential - 6 du/ac)
and RM (Medium Density Residential)
Current Use of Property_: Primarily vacant land with 3 residential
structures and 2 multi-bay garages.
FRAN CE:S DRIVE FRANC~S DRIVE
ATL A N TI C A VEN U E S.R. 806)
SHERW00B --
N JONES PROPERTY
.,,..-: 0~.,~,.~., ANNEXATION
city OF ~i~I_RA¥ I]£ACH, FL
FLORIDA DEPAI~MENT 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 25, 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 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,
L Chief
Bureau of Administrative Code
LC/mw
RECEIVED
CITY CLERK
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: A~ENDA ITEM # )O~ - MEETING OF SEPTEMBER 5. 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 43-95
(ANNEXATION AND INITIAL ~ZONING FOR THE JONES PROPERTY)
DATE: SEPTEMBER 1, 1995
This is second reading and public hearing for Ordinance No. 43-95
which annexes an 18.10 acre parcel of land known as the Jones
property and establishes initial zoning of RM-6 (Medium Density
Residential - 6 units/acre), in part, and RM (Medium Density
Residential) District, in part. The RM-6 zoning classification is
to be applied to a 100 foot wide area along the north and east
sides of the property (approximately 4.2 acres), with the balance
to be zoned RM (13.9 acres). The subject property is located on
the north side of West Atlantic Avenue, immediately east of the
Carver Middle School site.
The Planning and Zoning Board considered this item at public
hearing on July 17, 1995, and voted 6 to 0 to recommend that the
annexation and initial zoning classifications 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. 43-95 on second and final
reading.
ref:agmemol5
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~ ~
SUBJECT: AGENDA ITEM # ;~' ~ · - MEETING OF AUGUST 6, 1995
ORDINANCE NO. 43-95
DATE: JULY 28, 1995
This is first reading of Ordinance 43-95 annexing an 18.10 acre
parcel of land known as the Jones Property and establishing
initial zoning of RM-6 (Medium Density Residential - 6 units per
acre) in part, and RM (Medium Density Residential) in part. The
subject property is located on the north side of West Atlantic
Avenue, between Barwick Road and Hamlet Drive.
At its worksession meeting on July 10, 1995, the Planning and
Zoning Board's consensus was that the RM-6 should be applied to a
100 foot wide area along the north and east property lines, and
that the balance of the property should be zoned RM without a
suffix. The Board felt that it is inappropriate to affix the
maximum density allowed under the RM zoning at 12 units/acre at
this time, and that it should be addressed at the time of site
plan approval. Subsequently the applicant revised the
application to request RM-6 zoning in part, and RM for the
remainder. Additional background and an analysis of the request
is found in the attached Staff Report.
At its meeting of July 17, 1995, the Planning and Zoning Board
held a public hearing in conjunction with review of the
annexation request with initial zoning of RM-6 and RM, and voted
6 to 0 to recommend the request be approved.
Recommend approval of Ordinance 43-95 on first reading. If
passed, public hearing on August !5, !99B.
CITY COMMISSION DOCUMENTATION
TO: DA-VID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZOI~NG
FROM: ~
//SENIOR PLANNER
SUBJECT: MEETING OF AUGUST 1, '1995
ANNEXATION WITH INITIAL ZONING OF RM-6 (MEDIUM
DENSITY RESIDENTIAL 6 DU/AC) AND RM (MEDIUM
DENSITY RESIDENTIAL) FOR A PARCEL OF LAND LOCATED
ON THE NORTH SIDE OF WEST ATLANTIC AVENUE.
BETWEEN BARWICK ROAD AND HAMLET DRIVE (JONES
PROPERTY).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first
reading of an ordinance annexing an 18.10 acre parcel of land, with initial
zoning of RM-6 (Medium Density Residential - 6 du/ac), in part, and RM
(Medium Density Residential).
The subject property is located on the north side West Atlantic Avenue,
between Barwick Road and Hamlet Drive.
BACKGROUND:
At its meeting of April 17, 1995, the Planning and Zoning Board recommended
approval of a FLUM amendment for the subject property from County MR-5 and
HR-8 to City Medium Density Residential 5-12 du/ac. The applicant's attorney
requested that action on the annexation and zoning be postponed in order to
better address issues of maximum density and compatibility with adjacent areas.
On April 18th, the City Commission approved the transmittal of the FLUM
amendment to DCA (Department of Community Affairs) for review. There were
no comments made by DCA with regard to the associated FLUM amendment,
and it is scheduled for first reading at the August 1st City Commission meeting.
City Commission Documentation
Annexation with Initial Zoning of RM-6 and RM
Page 2
On July 6, 1995, the applicant submitted a request to schedule the annexation
for the Planning and Zoning Board's meeting of July 17, 1995 with the initial
zoning designations of RM-6, in part and RM-12. At its worksession meeting on
July 10th, the Board discussed the proposed zoning designations. The
consensus of the Board was that the RM-6 should be applied to a 100 foot wide
area along the north and east property lines and that the balance of the property
should be zoned RM without a suffix. (The 100 foot area along the north
property line would be measured from the ultimate right-of-way line of the L-33
Canal as indicated on the survey prepared by Caulfield & Wheeler, Inc. and
revised on 3/16/95). The Board felt that it is inappropriate to affix the maximum
density allowed under the RM zoning at 12 units/acre at this time, and that it
should be addressed at the time of site plan approval. Subsequently, the
applicant revised the application to request RM-6 zoning in part and RM for the
remainder. Additional background and an analysis of the request is found in the
attached Planning and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of July 17, 1995, the Planning and Zoning Board held a public
hearing in conjunction with review of the annexation request with initial zoning of
RM-6, in part and RM. There was no public testimony in opposition to the
request. The Board voted 6-0 (Young absent) to recommend that the request be
approved.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance annexing the Jones property
with initial zoning of RM-6 and RM, and setting a public hearing date of August
15, 1995.
Attachments:
P & Z Staff Report and Documentation of July 17, 1995
Ordinance by Others
S:CCJONES.DOC
PLANNING AND ZONING BOARD '-
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: July 17, 1995
AGENDA ITEM: V,C.
ITEM: Annexation & Initial Zoning of RM-12 in Part, and Rbl-6 in Part for the Jones Property.
GENERAL DATA:
Owner ....................................................................... ~ ................ Patdcia M. Jones
Contract Purchaser .................................................................... CG Land, Inc.
Agent .......................................................................................... Joseph S. Torg
Joseph S. Torg and Company, Inc.
Location ...................................................................................... Nodh side of West Atlantic Avenue, between Barwick Road and Hamlet Drive.
Property Size .............................................................................. 18.10 Acres
Existing County Land Use Map Designation ............................... MR-5 (Medium Density Residential) and HR-8 (High Density Residential).
Proposed City Land Use Map Designation ................................. Medium Density Residential 5-12 du/ac (CPA 95-1)
Existing County Zoning Designations ......................................... CN (Neighborhood Commercial) and AR (Agricultural Residential)
Proposed City Zoning Designations ........................................... RM-6 (Medium Density Residential - 6 du/ac) and
RM (Medium Density Residential)
Adjacent Zoning ................................................................ North: County RS (Single Family Residential)
East: City PRD (Planned Residential Development) and
County AR (Agricultural Residential)
South:City POC (Planned Office Center), R-1-A (Single Family
Residential), and OSR (Open Space and Recreational)
West: City CF (Community Facilities)
Existing Land Use ...................................................................... Primarily vacant land with 3 residential structures and 2 multi-bay garages.
Proposed Land Use ....................................................................Maximum development potential oi' a 191-unit residential development.
Water Service ................................................................... Available via connection to the 14" water main along the north side of Atlantic
Avenue.
Sewe¢ Service ......................... Available via connection to Ihe existin9 lift station to the east, at the southwest
corne~ of tile Wmdy C, reekJHanover Square subdivision
The item before the Board is that of making a recommendation on a voluntary
annexation (pursuant to Florida Statute 171.044) and initial zoning of RM-6
(Medium Density Residential - 6 du/ac) in part and RM (Medium Density
Residential - 12 du/ac) in part.
LDR Sections 2.4.5 (C) and (D) provide rules and procedures for the processing
of this petition.
The subject property is located on the north side of Atlantic Avenue, between
Barwick Road and Hamlet Drive.
The property under consideration is an unplatted parcel comprised of 18.10
acres. The property is currently under Palm Beach County jurisdiction and is
located within the City's planning and service area.
With the adoption of the City's Comprehensive Plan in 1989, the City's "advisory"
land use designation of the property was changed from SF (Single Family
Residential) and MF-L (Multi-Family - Low Density) to Transitional. On February
3, 1995, an application was submitted to annex the property into the City with a
RM (Medium Density Residential) zoning designation. In addition to the
annexation and initial zoning request, a Future Land Use Map amendment for
the property is being processed concurrently as part of the City's annual.
Comprehensive Plan Amendment 95-1 which represents a change from County
MR-5 (Medium Residential - 5 du/ac) and HR-8 (High Residential - 8 du/ac) to
City MDR (Medium Density Residential 5-12 du/ac).
At its meeting of April 17, 1995, the Planning and Zoning Board recommended
approval of the FLUM amendment, however, the applicant's attorney requested
that action on the annexation be postponed. On April 18th, the City Commission
approved the transmittal of the FLUM amendment to DCA (Department ' of
Community Affairs) for review. There were no comments made by DCA with
regard to the associated FLUM amendment.
On July 6, 1995, the applicant submitted a request to schedule the annexation
for the Board's meeting of July 17, 1995 with the initial zoning designations of
RM-6, in part and RM-12. At its worksession meeting on July 10th, the Board
discussed the proposed zoning designations as well as the application of the
RM-6 only along the east property line of the development. The consensus of
the Board was that the RM-6 should be applied to a 100 foot wide area along the
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 2
north and east property lines and that the balance of the property should be
zoned RM without a suffix. (The 100 foot area along the north property line
would be measured from the ultimate right-of-way line of the L-33 Canal as
indicated on the survey prepared by Caulfield & Wheeler, Inc. and revised on
3/16/95). The Board feels it is inappropriate to affix the maximum density
allowed under the RM zoning (12 units/acre) at this time and that it should be
addressed at the time of site plan approval. Subsequently, the applicant revised
the application to request RM-6 zoning in part and RM, thus removing the 12
suffix. This request is now before the Board for action. In addition, the Board
will take action on acceptance of the FLUM amendment in conjunction with
Comprehensive Plan Amendment 95-1.
The subject property is an 18.10 acre parcel which is primarily vacant land with
three residential structures (currently vacant), 2 multi-bay garages, and a man-
made lake located on the southern portion of the property. The southwest
portion of the property containing the residential structures (2.7 acres) is
currently zoned County CN (Neighborhood Commercial) and the balance is
zoned County AR (Agricultural Residential). The proposed City zoning will be
RM-6 (Medium Density Residential - 6 du/ac), in part, and RM (Medium Density
Residential), in part. The RM-6 zoning designation is to be applied to a 100 foot
wide area along the north and east sides of the property (approximately 4.2
acres) with the balance to be zoned RM (13.9 acres). (The 100 foot area along
the north property line is to be measured from the ultimate right-of-way line of the
L-33 Canal as indicated on the survey prepared by Caulfield & Wheeler, Inc. and
revised on 3/16/95).
..... ::::::::::::::::::::::::::::::::::::: ..................... ::::::..:::::.-..::: ..................... .-..:::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ================================ ::::.'.-.':: .-..::.'::: ................ ::..: ............. ::::::::::::::::::::::::::::::::::::::::::::::
:-:-:.:.:.:-:-:.:-:-:-:,:.:-:-:-:.:.:-;.:.:.:.:+ :.:.:,:.:-:-:-:.:-:.:.:.;.:.:-:-:.:,:-:-:-:,...:-:-:+:.:-:-:,:.:-:::::::::::::::::::::::::::-:-:-:,:.:.:-:.~i:.:.:.:-:.:.:-:-:.:-.'-:-:-: ':':':':':'L':':':':':':': ':':' x-:-:. :.:.:-:-:-:-:.:-:
Florida Statutes Governing Voluntary Annexations:
Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and
reasonably compact may petition the governing body of said municipality that
said property be annexed to the municipality". Pursuant to F.S. 171.044 (5)
"land shall not be annexed through voluntary annexation when such annexation
results in the creation of enclaves".
[] The property is contiguous with the City, reasonably compact, and its
annexation will not create an enclave. The annexation of this property will
leave an unincorporated 1.3 acre parcel along Atlantic Avenue (east of
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 3
the site). Under F.S. 171.031(13)(b), the amended definition of an
enclave includes areas which are surrounded by the municipality and a
man-made barrier (LWDD L-33 Canal) which limits the property to access
through the City. Under this definition, the subject property and the
remaining 1.3 acre parcel are an existing enclave. Thus, this annexation
will reduce this existing County enclave area.
Land Development Regulations Governing Annexations:
Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner
of land may seek the annexation of contiguous property, under his ownership"
pursuant to Florida Statutes. This is a voluntary petition by the property owner.
I¢ ~'..'!~ i~¢¢~.-? ~¢!!!i¢.? !..'.:.-'~ ¢!..'.-'~ ¢..~!~ !..':~.:~ !~¢ .:.'i.-'..'=:.:-::~ !..?.-.:.....:i!!..'i:.:.:,..::¢..!:!. :.:¢~ i~!~:.:.,.:. :!~ :. :. ;...~.".-'~ ~....:....~i.:~.:.:.:.:~¢.:.~.~.:~::.~.:~¢!.:....:~!~!~::.:~!~:....~...:.:.::~...¢!~!:..:~: !."..'.".-' ! .,...... :.~=...-:.:-:.i~!::.:.:,...--"~.-'..% :.:,..~.-'.-'--'.-...,..:~L. ,:!!~.:¢:~i:, .~¢~..:.:=~ i;¢!~!~!~¢.~!~if.=.."...."~i~¢..'~!~!i~!i~i~ !!j~E4..'...-'..'!~i.:~f~ !
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CONSISTENCY BE'rWEEN THE CITY AND COUNTY LAND USE MAP
DESIGNATIONS:
In conjunction with this annexation petition, a Future Land Use Map
amendment for this property is being processed. The proposed City
Future Land Use Map designation for the property is Medium Density
Residential 5-12 du/ac (MDR). The existing County Land Use designation
for the property is MR-5 (Medium Density Residential - 5 du/ac) and HR-8
(High Density Residential - 8 du/ac). As outlined in the FLUM amendment
staff report of April 17, 1995, the proposed City MDR land use designation
is consistent with the existing County MR-5 and HR-8 land use
designations. However, within that staff report it was identified that in
order to obtain compatibility with the adjacent Iow density residential
subdivisions that a suffix of 8 units per acre be applied to the property.
The applicant has since amended the annexation request to apply a lower
density zoning of RM-6 to the adjacent to the single family subdivisions to
the north and east.
ADJACENT LAND USE MAP DESIGNATIONS AND LAND USES:
The Land Use Map designation to the north is Palm Beach County RS
(Single Family Residential) [with an advisory City designation of LDR (Low
Density Residential 0-5 du/ac)]; South is City Transitional, Recreation &
Open Space, and LDR; East is County C/5 (with an advisory City
designation of Transitional), and City LDR; and, to the west is City CF
(Community Facilities).
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 4
The existing Land Uses are: to the north, a single family residential
subdivision with a density of 1 unit per acre (Kingsland subdivision); south
is a restaurant (Rod & Gun Restaurant) and a golf and country club
community developed at density of 1.2 units per acre (The Hamlet Golf
Club); to the east is a single family zero lot line subdivision developed at
4.7 units per acre (Windy Creek/Hanover Square), and a vacant 1.3 acre
parcel of land; and, to the west is Carver Middle School, with a gopher
tortoise preserve at the northeast corner of the school site, abutting the
subject property.
CONSISTENCY WITH THE CITY,S COMPREHENSIVE PLAN:
Designated Annexation Area: The territory to be annexed is located within
"designated annexation area No. 4" east of Military Trail, north of Atlantic
Avenue. Annexation of the territory is consistent with Policy B-3.4 of the Future
Land Use Element, which calls for annexation of eligible properties.
Provision of Services: When annexation of property occurs, services are to be
provided in a manner which is consistent with services provided to other similar
properties already in the City (Future Land Use Policy B-3.1). The following is a
discussion of required services and the manner in which they will be provided.
Police: This property is currently serviced by the Palm Beach County Sheriff's
Office, located at 345 South Congress, which serves the South County area.
The property lies within Sheriff patrol zone 4. Zone 4 is bordered by El Clair
Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the
north, and Atlantic Avenue to the south. One officer is assigned to a particular
zone during a shift (three shifts per day). Additional response can be mustered
from "Cover Cars" which roam throughout zones randomly, depending on their
availability in South County during that time.
The City of Delray Beach's Police Department has 14 cars per shift patrolling a
15 square mile area; and, as a consequence, significantly improved response
time should be realized. Annexation will not require additional manpower, as the
police currently pass the property while patrolling areas of the City to the north
and south of the property.
Fire and Emergency Services: The annexation of this property will not require
additional manpower. The municipal area is served by Fire Station No. 4
(Barwick & Lake Ida Roads).
With annexation, the property will receive an improvement in response time from
the current 7 minutes of the County Fire Department (Indian Springs/Military Trail
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 5
and Woolbright Road) to approximately 2.5 minutes for the City's Fire
Department (Fire Station No. 4 at Barwick and Lake Ida Roads).
Water: Currently, the existing structures are not connected to the City's
municipal water system. Municipal water service is available via connection to
the 14" water main along the north side of Atlantic Avenue. Future development
of the property will require water main extensions (minimum 8") and the
installation of fire hydrants with a maximum spacing of 500 feet along the new
main. Looping of the main for system integrity will be required.
Sewer: The existing structures utilize a septic system. Sewer service is
available via connection to the existing lift station (L.S. 86B) to the east, at the
southwest corner of the Windy Creek/Hanover Square subdivision. Future
development of the property will require sewer main extensions and may require
the upgrading of the existing lift station.
Streets: This property has direct access to Atlantic Avenue. Atlantic Avenue is
under the jurisdiction of the Florida Department of Transportation (FDOT). The
jurisdictional responsibility and the associated maintenance responsibility will not
change upon annexation.
A traffic study has been submitted based upon a development scenario with a
maximum potential of 214 residential units generating 2,140 daily trips. Based
upon the current traffic study, future development of the property to its maximum
development potential may require the installation of a right turn lane on
westbound Atlantic Avenue. With the submittal of a specific development
proposal, roadway improvements will be further reviewed. The traffic study
notes that Atlantic Avenue has been widened to six lanes along the frontage of
the subject property and that six laning of Atlantic Avenue, between Military Trail
and FI Clair Ranch Road, is currently under construction.
Parks and Open Space: The proposed RM-6 (4.2 acres) and RM (13.9 acres)
zoning districts will allow a maximum development potential of 191 units. The
additional units will not have a significant impact with respect to level of service
standards for parks and recreation facilities. The impacts of these potential
residents were factored into the park demands calculated on build-out
projections. Further, the City currently provides approximately 8 acres per 1,000
residents of recreation space which far exceeds the desired standard of 3 acres
per 1,000 residents established in the Comprehensive Plan. With future
residential development, a parks and recreation impact fee of $500 per unit will
be assessed at the time of building permit.
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 6
Solid Waste: As there is no change in actual land use, there is no impact on
solid waste disposal. The service provider will remain the same, as described
later in this report.
Financial Impacts:
Effect Upon Annexed Property:
For the 1994 tax year the Jones property had an assessed value of
$1,017,803.00. A homestead exemption of $25,000.00 has been granted for the
property. After the above exemption, the current taxable value of the property is
$992,803.00. With the change from County to City jurisdiction, the following
taxes and rates will be affected:
Ad Valorem Taxes Millage With Annexation
Fire/Rescue MSTU 2.5539 Deleted (County)
Library .4437 Deleted (County)
City Of Delray Beach 6.8800 Added (City)
City of Delray Beach Debt 1.0700 Added (City)
4.9524 Difference*
* Total tax millage in the County is 20.1501 mills while'in the City the'total
millage rate is 25.1020 mills.
The current yearly ad valorem taxes are $20,005.08. With annexation the yearly
ad valorem taxes will be $25,548.89 (which includes the elimination of the
homestead exemption associated with development); a tax difference of
$5,543.81. In addition to property taxes, the following Non Ad Valorem fiscal
impositions apply:
Delray Beach Storm Water Utility - This equates to $105.00 a year based upon
the combined impervious area for the existing structures. This assessment will
increase with future development based upon a percentage of impervious area
of the buildings and parking areas. A 25% discount from the assessment is
available as the site is within the Lake Worth Drainage District and an additional
25% discount may be available if drainage is retained on-site.
Solid Waste Authority The property is currently serviced by County
Sanitation, which is under a five year contract that runs from October 1, 1993
through September 30, 1998. The City's contract is currently through Waste
Management, Inc. Pursuant to Florida Statute 171.062 (4)(a) "if a party has an
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 7
exclusive franchise which is in effect for at least six months prior to the initiation
of an annexation, the franchisee may continue to provide such services to the
annexed area for five years or the remainder of the franchise term whichever is
shorter". As the annexation was not initiated within the six month time period,
the waste service provider will not change with annexation.
Occupational License Fees As the property is residential in nature, an
occupational license will not be required. Thus, there will be no change in
occupation license fees.
Water/Sewer Rates - The Jones property is not currently served by municipal
water. Typically, properties not located within the City that receive City water
and sewer service are assessed an Out-of-City surcharge. Under that scenario,
annexation of properties receiving municipal water would see a 25% reduction in
water and sewer rates.
Resulting Impacts to Property Owner:
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES +$ 5,543.81
(Change from 94/95 county of 20.1501
to City 94/95 rate 25.1020 mills.(4.9524
NON AD VALOREM
Stormwater Assessment +$105.00
Solid Waste Collection $ .00
WATER & SEWER UTILITY FEES $ .00
OCCUPATIONAL LICENSE FEES $ .00
ANNUAL FINANCIAL IMPACT: +$ 5,648.81
* NA - Data not available
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 8
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time from (estimated time)
7.0 minutes (County) to 2.5 minutes (City)
EMS + Faster response time from (estimated time)
7.0 minutes (County) to 2.5 minutes (City)
POLICE + Better response based upon more officers
in field.
CODE ENFORCEMENT + Pro-active vs reactive opportunity to work
with property owners
Fiscal Impacts to the City: At the 1995 City operating millage rate of 6.88 mills
and debt rate of 1.07 mills, the property will generate approximately $8,091.53 in
ad valorem taxes per year. Additional revenues will be realized through the
annual collection of the stormwater assessment fee as well as utility taxes (9.5%
electric, 7% telephone) and franchise fees on electric, telephone, and cable with
future residential development.
In addition to utility and franchise fees, the City receives per capita
reimbursements based upon municipal population. The major sources of per
capita revenue are sales tax, cigarette tax and state revenue sharing. The
current per capita rate is approximately $78.66 per person. The existing
residential structures will generate approximately $393.30 in additional per capita
reimbursements. With future development of residential property additional
revenues will be realized.
The proposed City zoning designations are RM-6 (Medium Density Residential -
6 du/ac) and RM (Medium Density Residential - 12 du/ac). The current County
zoning designations are AR (Agricultural Residential) and CN (Neighborhood
Commercial).
The surrounding zoning designations are: County RS (Single Family to the north,
across the L-33 Canal; City PRD (Planned Residential Development) and County
AR (Agricultural Residential) to the east; City POC (Planned Office Center),
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 9
R -1-A (Single Family Residential) and OSR (Open Space and Recreational), to
the south; and, City CF (Community Facilities) to the west.
REQUIRED FINDINGS: (CHAPTER3)
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 RM-6 and RM zoning designations are consistent with the
proposed Medium Density Residential 5-12 du/ac land use designation. The
proposed multiple family development is allowed as a permitted use within both
the RM-6 and RM zoning districts. Based upon the above, positive findings can
be made with respect to consistency with the Future Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided pursuant to
levels of service established within the Comprehensive Plan.
The proposal involves the annexation of primarily vacant land with the exception
of 3 residential structures, 2 multi-bay garages and a man-made lake on the
south portion of the property. There will be no changes in the manner that water,
sewer, drainage, streets/traffic and solid waste services will be provided. Fire,
EMS and Police will shift to a different provider; however, all of these services
will be equal to or enhanced (see annexation analysis for details).
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The property is primarily vacant land with 3 residential structures and 2 multi-bay
garages. The existing residences are allowed under the proposed RM-6 and RM
zoning districts. With review of the annexation request, a site visit was
conducted and did not reveal any code violations. Any future development will
be required to comply with all Land Development Regulations. In order to
accommodate lower density units along the north and east borders, it may be
necessary to amend the Land Development Regulations.
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 10
CONSISTENCY:
Compliance with the performance standards set forth in Section 3.3.2
(Standards for Rezoning Actions), along with the required findings in
Section 2.4.5 (Rezoning Findings), shall be the basis upon which a finding
of overall consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
Comprehensive Plan Policies:
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and the following applicable objectives and policies were
found.
Conservation Element Policy B-2.2: Whenever and wherever significant or
sensitive flora and fauna communities are identified pursuant to Policy B-
2.1, they shall be preserved as if they were environmentally sensitive areas
as identified in Objective B-1.
A biological survey has been submitted indicating that 8 gopher tortoise
burrows are located on the northern half of the property, however, only 2
of those burrows were determined to be "active". The survey has been
transmitted to the Department of Environmental Protection for review,
however, a response has not yet been received. Mitigation measures
may need to be taken to retain the burrows on site or the tortoises must
be relocated in compliance with DEP standards. This item will be further
reviewed at the time of site and development plan review.
Housing Element Policy C-2.4: Development of remaining vacant
properties which are zoned for residential purposes shall be developed in a
manner which is consistent with adjacent development regardless of
zoning designations. These policies shall be implemented through the
review process associated with platting and site plan and shall be effective
immediately.
This policy will be further reviewed at the time of site and development
plan review. However, it is noted that the adjacent residential
developments to the north and south are developed at 1 unit per acre and
the abutting residential development to the east has a density of 4.7 units
per acre. The following are the densities of the surrounding residential
developments within a 2,000 foot radius of the subject property:
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 11
Subdivision units/acre
High Point 8.0 du/ac
Homewood Lakes 6.0 du/ac
Sherwood Forest 2.0 du/ac
Highland Trailer Park 7.7 du/ac
Sunset Pines 7.6 du/ac
Franwood Pines 3.0 du/ac
Kingsland Pines 3.0 du/ac
Development of the property should be reasonably consistent with the
character of the surrounding residential developments. The current
development potential of the property under the County's land use
designations (MR-5 and HR-8) is 82 units or 4.5 units per acre. Under the
proposed RM-6 (4.2 acres) and RM (13.9 acres) zoning districts a
maximum of 191 units or 10.5 units per acre could be developed on the
property. In order to maintain some consistency with adjacent
developments, the RM-6 zoning designation is to be applied adjacent to
the existing single family developments (north and east property lines). It
appears appropriate to apply a higher density on the balance of the
property as it is adjacent to a restaurant (to the south) and the middle
school (to the west).
Land Use Element Objective A-l: Vacant property shall be developed in a
manner so that the future use and intensity is appropriate in terms of soil,
topographic, and other applicable physical considerations, is
complementary to adjacent uses, and fulfills remaining land use needs.
As stated under Housing Element Policy C-2:4, the property should be
developed in a manner that will be complementary to the adjacent
residential developments. The development of this property will fulfill the
need for medium density residential development and lower density
dwellings. The tortoise burrows may be negatively impacted by the
development of the site. However, as the property consists of 18.10 acres
and is primarily vacant, mitigation measures including possible relocation
can be easily accommodated to avoid negatively impacting the burrows.
Section 3.3.2 (Standards for Rezoning Actions): Standard B and C is not
applicable with respect to this rezoning request. The applicable
performance standards of Section 3.3.2 are as follows:
A) That a rezoning to other than CF within stable residential areas shall
be denied.
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 12
The property is designated vacant residential on the Neighborhood
Categorization Map. However, the properties to the east and south are
noted as stable residential. The rezoning is required in conjunction with
the annexation request. The proposed RM-6 and RM zoning designations
will be consistent with the proposed MDR land use map 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.
The initial RM-6 and RM zoning designation will accommodate the
existing residential use as a permitted use. The application of the RM-6
zoning along (north and east property lines) will ensure a more compatible
density adjacent to the single family subdivisions. The RM zoning will
abut a restaurant on the south and a middle school with a tortoise
preserve on the west. Compatibility of a specific development proposal
with the adjacent developments will be appropriately addressed with
review of a site and development plan request.
Section 2.4.5(D){5) (Rezoning Findings):
Pursuant to Section 2.4.5(D){5), in addition to the provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills
one of the reasons for which the rezoning change is being sought. These
reasons include the following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which make
the current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed
under the Future Land Use Map and that it is more appropriate
for the property based upon circumstances particular to the
site and/or neighborhood.
The applicant has submitted a justification statement which states
the following:
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 13
"There has been a change in circumstances. The applicant is applying for
annexation of this property into the City. The annexation requires that the
applicant apply for an appropriate zoning designation."
Comment: The justification statement addresses Item "b" as the basis for
which the rezoning should be granted, however, Item "c" is also
applicable. The property is in the unincorporated area of Palm Beach
County, however, it is within the City of DelraY Beach reserve annexation
area. The requested zoning designations are of similar intensity as that
allowed under the proposed City Medium Density Residential 5-12 du/ac
and the existing County MR-5 and HR-8 land use designations. The
requested RM-6 and RM zoning designations are more appropriate for the
property than the current County zoning designations of AR (Agricultural
Residential) and CN (Neighborhood Commercial) given the surrounding
residential developments.
The subject property is not in a geographical area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority)
or the HPB (Historic Preservation Board).
Lake Worth Drainage District
Lake Worth Drainage District reviewed the annexation request and indicated that
with any future development, additional right-of-way for the L-33 Canal (along
north property line) will be required.
Palm Beach County Notice
Palm Beach County Planning Division as well as applicable departments
reviewed the annexation request and had no objections.
IPARC Notice
Notice of the Land Use Map Amendment was also provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to
adjacent municipalities. IPARC had no objections to the FLUM amendment.
Courtesy Notice
Courtesy notices were sent to the following homeowner's and civic associations:
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 14
[] Greensward Village Condominium Association (within The Hamlet
development)
[] Hamlet Residents Association
El Hanover Square Homeowners Association
High Point Condominium Association
Highland Trailer Park
El PROD (Progressive Residents of Delray)
El Sunset Pines Homeowners Association
United Property Owners
Windy Creek Homeowners Association
Woodlake Homeowners Association
Public Notice
Formal public notice has been provided to all Property owners within a 500 foot
radius of the subject property. Letters of objection, if any, will be presented at
the Planning and Zoning Board meeting.
Accommodating the annexation of this property and affixing an initial City zoning
designation of RM-6 and RM is consistent with the City's program for annexation
of territory within its Planning and Service Area. The annexation is also
consistent with the State's policy under ELMS III legislation to eliminate enclaves
and promote annexation into the most appropriate municipality and service
provider.
The annexation will provide the property with better Police, Fire, EMS and Code
Enforcement services. The property will experience an increase in taxes and
stormwater assessment fees.
The City will receive additional revenue from property taxes, stormwater
assessment fees, and per capita revenues, which will result in a net increase to
the City of approximately $8,589.83 a year. In addition, revenues will be
received from utility taxes and franchise fees.
The application of the RM-6 zoning designation adjacent to the single family
subdivisions to the north and east should ensure compatibility with respect to
density. Applying the RM zoning designation to the balance appears to be
appropriate given its proximity to the restaurant (to the south) and the middle
school (to the west). If the annexation is approved, it is anticipated that a site
P & Z Board Staff Report
Jones Property - Voluntary Annexation and Initial Zoning
Page 15
and development plan submittal will follow. Compatibility of the proposed
development with respect to design will be further addressed at that time.
A. Continue with direction.
B. Recommend approval of the annexation with initial zoning designation of
RM-6 and RM (Medium Density Residential).
C. Recommend denial of the annexation with initial zoning of RM with the
basis stated.
.... ,:....:,,,,,,,,,....~ .................. .-,,,.-.-,,....:,,,:, ................ :~.~...s~:~i~:B...,..~:~:~B~i~....:~....~M~...~(iB~.,~....e~..~...`..`.~*``..*:......*~*~¢~
Recommend approval of this annexation with initial zoning designations of RM-~
(Medium Density Residential - ~ units per acre) and RM (Medium Density
Residential) based upon positive findings with respect to Section 3.1.1, Section
3.3.2, policies of the Comprehensive Plan, and the following:
A. That the property is contiguous, reasonably compact and does not create
an enclave; and,
B. That services will be provided to the property in a manner similar to other
similar properties within the City.
Attachments:
Location Map
Survey
Staff Report prepared by: Jeff Costello, Senior Planner
JC/JONESANN.DOC
CITY DELRAY BEACH FLORIDA CITY OF DELRAY BEACH. FLORIPA
NOTICE OF ANNEXATION NOTICE OF ANNEXATION AND ZONING
ORDINANCE NO. 43-95
ORDINANCE NO. 42-95
AN ORDINANCE OF THE Ct'P( 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 O~LIGATIONS OF SAID
EFFECTIVE DATE. LAND; PROVIDING FOR THE ZONING THEREOF TO RM-6
A MAP (not to scala) 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 scala) 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. 'IST 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
: t FROM THE OFFICE OF THE CITY CLERK, CITY HALL, 100
N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA.
~ The above notice is published as required by State Law. The
I proposed ordinance and complate lagal description of the prop-
arty to bo 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 N.W. 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 th.e Friday, excluding holidays.
City Clerk at City Hall, 100 N.W. 1st Avenue, Delray ueacn,
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 of 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 rifle
City Hall on TUESDAY. SEPTEMBER 5. 1995. AT 7:00 P.M. (or only and all parsons interested will bo given an opportunity to
at any continuation of such mee~t, ing whic.h..is set..by ..~..e be heard. Plaase be advised that if a parson decides to appeal
Commission), at which time the ordinance Will De reaa. ~ m?e any decision made by the City Commission with respect to any
only and all parsons interested will be given, an opportunity t.o De matter considered at this hearing, such parson will need a
heard. Please be advised that if a person decides to appeal any record of these proceedings, and for this purpose such person
decision made by the City Commission with resp?.c.t to a. ny
matter considered at this hearing, such parson will neea a may need to ensure that a verbatim record includes the testi-
reco~d o! these proceedings, and k~r this purpose such pa ..r..s~ mo~y and evidence upon which the appeal is to be based. The
may need to ensure that a verbatim reco.~..inc.~u~..s m.e City does not provide nor prepare such record. Pursuant to F.S.
testimony and evidmx~ upon which the appeal ~s to be baseD. 285.0105.
The City does not provide nor prepare such record. Pursuant to
FS. 285.0105. CITY OF DELRAY BEACH
Alison MacGregor Harty
CITY OF DELRAY BEACH City Clark
P ,sh: AU ,,
PUBLISH: August 24 & 31, 1995 The News
The News Boca Ralon/Delray Beach
Boca Raton/Delray Beach
Ad~ 714189 Ad//714189
CITY OF DELRAY BEACH. FLORIDA
NOTICE OF ANNEXATIQN AND ZONING
ORDINANCE NO. 43-95
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 THE JONES PROPERTY, LOCATED ON THE NORTH SIDE OF WEST
ATLANTIC AVENUE, EAST OF AND ADJACENT TO THE CARVER MIDDLE SCHOOL
SITE, 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 FOR THE ZONING
THEREOF TO RM-6 (MEDIUM DENSITY RESIDENTIAL - 6 UNITS PER ACRE)
DISTRICT, IN PART, AND RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT,
IN PART; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE
PROPERTY TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL
DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A
COPY OF THE ORDINANCE HEREINABOVE NAMED CAN BE OBTAINED FROM THE
OFFICE OF THE CITY CLERK, CITY HALL, 100 N.W. 1ST AVENUE, DELRAY
BEACH, FLORIDA.
(INSERT ATTACHED MAP HERE)
The above notice is published as required by State law. The
proposed ordinance and complete legal description of the property
to be annexed may be inspected at the Office of the City Clerk at
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between
the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
excluding holidays.
The City Commission will meet in the Commission Chambers at City
Hall on TUESDAY. SEPTEMBER 5. 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
August 24, 1995 Alison MacGregor Harty
August 31, 1995 City Clerk
Instructions to Newspaper; This is a display ad to be published
in the legal/classified section of the newspaper. Thank you.
{ N I-I~ JONES PROPERTY
..... ANNEXATION
~ITY 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. 43-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRA¥ BEACH, A PARCEL OF LAND KNOWN AS THE JONES
PROPERTY, LOCATED ON THE NORTH SIDE OF WEST
ATLANTIC AVENUE, EAST OF AND ADJACENT TO THE
CARVER MIDDLE SCHOOL SITE, 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 FOR THE ZONING THEREOF TO RM-6
(MEDIUM DENSITY RESIDENTIAL - 6 UNITS PER ACRE)
DISTRICT, IN PART, AND RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT, IN PART; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Patricia M. Jones is the fee-simple owner of a
parcel of land as more particularly described herein; and
WHEREAS, Joseph S. Torg and Company, Inc., as duly
authorized agent for the fee-simple owner 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 designation of a zoning classification is
part of the annexation proceeding, and provisions of Land
Development Regulations Chapter Two have been followed in
establishing the proposed zoning designations; 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:
~ARCEL "A":
The East 100.00 feet lying West of and parallel
with the East line of the West 1/4 of the
Northeast 1/4 of the Southeast 1/4 of Section 13,
Township 46 South, Range 42 East.
TOGETHER WITH
The North 170.00 feet of that part of the West
Quarter (W 1/4) of the Northeast Quarter (NE 1/4)
of the Southeast Quarter (SE 1/4) and the East
Quarter (E'1/4) of the Northwest Quarter (NW 1/4)
of the Southeast Quarter (SE 1/4), all in Section
13, Township 46 South, Range 42 East, Palm Beach
County, Florida, lying North of State Road No.
S-806 (West Delray Road), as recorded in Road Plat
Book 3, Page 27, Public Records of Palm Beach
County, Florida. LESS right-of-way for Lake Worth
Drainage District.
~ARCEL "B":
That part of the West Quarter (W 1/4) of the
Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) and the East Quarter (E 1/4) of
the Northwest Quarter (NW 1/4) of the Southeast
Quarter (SE 1/4), all in Section 13, Township 46
South, Range 42 East, Palm Beach County, Florida,
lying North of State Road No. S-806 (West Delray
Road), as recorded in Road Plat Book 3, Page 27,
Public Records of Palm Beach County, Florida.
LESS right-of-way for Lake Worth Drainage
District. LESS that part of the West Quarter (W
1/4) of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) and the East Quarter (E
1/4) of the Northwest Quarter (NW 1/4) of the
Southeast Quarter (SE 1/4) of Section 13, Township
46 South, Range 42 East, Palm Beach County,
Florida, lying North of the North right-of-way
line of State Road No. 806, as shown on the Plat
thereof, recorded in Road Plat Book 3, Page 27,
Public Records of Palm Beach County, Florida,
described as follows:
- 2 -
BEGINNING at the point of intersection of the said
North right-of-way line of State Road No. 806 and
the West line of the said East Quarter (E 1/4) of·
the Northwest Quarter (NW 1/4) of the Southeast
Quarter (SE 1/4) of Section 13; thence North 00
degrees 41' 22" West, along said West line, a
distance of 400.00 feet to a line 400.00 feet
North of and parallel with said North right-of-way
line; thence North 89 degrees 22' 08" East, along
said parallel line, a distance of 69.00 feet;
thence South 00 degrees 41' 22" East, a distance
of 237.19 feet; thence North 89 degrees 12' 25"
East, a distance of 133.29 feet; thence South 40
degrees 33' 35" East, a distance of 100.31 feet;
thence North 85 degrees 51' 09" East, a distance
of 110.55 feet; thence South 00 degrees 38' 25"
East, a distance of 93.05 feet to the said North
right-of-way line of State Road No. 806; thence
South 89 degrees 22' 08" West, along said North
right-of-way line, a distance of 377.00 feet to
the said POINT OF BEGINNING.
LESS the East 100.00 feet lying West of and
parallel with the East line of the West 1/4 of the
Northeast 1/4 of the Southeast 1/4 of Section 13,
Township 46 South, Range 42 East, AND LESS the
North 170.00 feet of that part of the West Quarter
(W 1/4) of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) and the East Quarter (E
1/4) of the Northwest Quarter (NW 1/4) of the
Southeast Quarter (SE 1/4), all in Section 13,
Township 46 South, Range 42 East, Palm Beach
County, Florida, lying North of State Road No.
S-806 (West Delray Road), as recorded in Road Plat
Book 3, Page 27, Public Records of Palm Beach
County, Florida. LESS right-of-way for Lake Worth
Drainage District.
The subject property is located on the north side
of West Atlantic Avenue, lying east of and
adjacent to the Carver Middle School site;.
containing 18.10 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 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 as Parcel "A" is hereby declared to be in
Zoning District RM-6 (Medium Density Residential - 6 du/ac) as
defined by existing ordinances of the City of Delray Beach.
-- 3 --
~_~ 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 as Parcel "B" is hereby declared to be in
Zoning District RM (Medium Density Residential) as defined by
existing ordinances of the City of Delray Beach.
Section 5. 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 6. 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 7, That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 8. 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 9. That this ordinance shall become effective
as follows: As to annexation, immediately upon passage on second
and final reading; as to zoning, immediately upon the effective
date of Ordinance No. 44-95, under which an official land use
designation of Medium Density Residential is affixed to the
subject property hereinabove described.
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: Standard legal ad to be published in
the legal/classified section. No special requirements. Thanks.
DATE:
ORDINANCE NO. 43-95
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 THE JONES PROPERTY,
LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE,
EAST OF AND ADJACENT TO THE CARVER MIDDLE SCHOOL
SITE, 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 FOR THE ZONING
THEREOF TO RM-6 (MEDIUM DENSITY RESIDENTIAL - 6 UNITS
PER ACRE) DISTRICT, IN PART, AND RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT, IN PART; PROVIDING
A
GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Patricia M. Jones is the fee-simple owner of a
parcel of land as more particularly described herein; and
WHEREAS, Joseph S Torg and Company, Inc as duly
authorized agent for the fee-simple owner 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 designatioh of a zoning classification is part
of the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the
proposed zoning designations; 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:
PARCEL "A":
The East 100.00 feet ying West of and parallel with
the East~line of the West 1/4 of the Northeast 1/4 of
the Southeast 1/4 of Section 13 Township 46 South,
Range 42 East.
TOGETHER WITH
The North 170.00 feet of that part of the West
Quarter (W 1/4) of the Northeast Quarter (NE 1/4) of
the Southeast Quarter (SE 1/4) and the East Quarter
(E 1/4) of the Northwest Quarter (NW 1/4) of the
Southeast Quart,r (SE 1/4), all in Section 13,
Township 46 South, Range 42 East, Palm Beach County,
Florida, lying North of State Road No. S-806 (West
Delray Road), as recorded in Road Plat Book 3, Page
27, Public Records of Palm Beach County, Florida.
LESS right-of-way for Lake Worth Drainage District.
~That part of the West Quarter (W 1/4) of the
Northeast Quarter (NE 1/4) of the Southeast Quarter
(SE 1/4)and the East Quarter (E 1/4)of the
Northwest Quarter (NW 1/4) of the Southeast Quarter
(SE 1/4), all in Section 13 Township 46 South Range
42 East, Palm Beach County, Florida, lying North of
State Road No. S-806 (West Delray Road), as recorded
in Road Plat Book 3, Page 27, Public Records of Palm
~Beach County, Florida. L~,S~right-of-way for Lake
~c.~W~rth Drainage Distrj~-~O~~at part of the West
~-Uuarter (W 1/4) of the Nor~ast Quarter (NE 1/4) of
the Southeast Quarter (SE 1/4) and the East Quarter
(E 1/4) of the Northwest Quarter (NW 1/4) of the
Southeast Quarter (SE 1/4) of Section 13, Township 46
South, Range 42 East, Palm Beach County, Florida,
lying North of the North right-of-way line of State
Road No. 806, as shown on the Plat thereof, recorded
in Road Plat Book 3, Page 27, Public Records of Palm
Beach County, Florida, described as follows:
BEGINNING at the point of intersection of the said
North right-of-way line of State Road No. 806 and the
West line of the said East Quarter (E 1/4) of the
Northwest Quarter (NW 1/4) of the Southeast Quarter
(SE ~/4) of Section 13; thence North 00 degrees 41'
- 2 - Ord. No. 43-95
~22" West, along said West line, a distance of 400~00
feet to a line 400.00 feet North of and parallel with
said North right-of-way line; thence North 89 degrees
22' 08" East, along said parallel line, a distance of
69.00 feet; thence "South 00 degrees 41' 22" East, a
distance of 237.19 feet; thence North 89 degrees 12'
25" East, a distance of 133.29 feet; thence South 40
degrees 33' 35" East, a distance of 100.31 feet;
thence North 85 degrees 51' 09" East, a distance of'
110.55 feet; thence South 00 degrees 38' 25" East, a
distance of 93.05 feet to the said North right-of-way
line of State Road No. 806; thence South 89 degrees
2' 08" West, along said North right-of-way line, a
istance of 377.00 feet to the said POINT OF
EGi lNG.
:he East 100.00 feet lying West of and parallel
the East line of the West 1/4 of the Northeast
/~ 1/4 of the Southeast 1/4 &~ection 13, Township 46
~ South, Range 42 East, AND L]~9 the North 170.00 feet
\ of that part of the Wes_~. Quarter (w 1/4) of the
\ Northeast Quarter (NE 1/4)'of the Southeast Quarter
~! ~ / (SE 1/4) and the East Quarter (E 1/4) of the
T ~' ~ // Northwest Quarter (NW 1/4) of the Southeast Quarter ~ (SE 1/4), all in Section 13, Township 46 South, Range
~ 42 East, Palm Beach County, Florida, lying North of
~ State Road No. S-806 (West Delray Road), as recorded
~ in Road Plat Book 3, Page 27, Public Records of Palm
~ Beach County, Florida.~ LESS right-of-way for Lake
~ Worth Drainage District.
~ The subject property is located on the north side of
~ West Atlantic Avenue, lying east of and adjacent to
\the Carver Middle School site; containing 18.10
~acres, more or less.
~ That the boundaries of the City of Delray Beach,
Florid/a, are hereby redefined to include therein the above-described
parce~2snd said land is hereby declared to be within the corporate
limits/of the City of Delray Beach, Florida.
Section 3. 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 as Parcel "A" is hereby declared to be in Zoning District
RM-6 (Medium Density Residential - 6 du/ac) as defined by existing
ordinances of the City of Delray Beach.
- 3- Ord. No. 43-95
~_e~Ju~D___~ 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 as ParceI "B" is hereby declared to be in Zoning District RM
(Medium Density Residential) as defined by existing ordinances of the
City of Delray Beach.
~ 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 Cit~.
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.
~ut~kg~7_~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 8. 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 9. That this ordinance shall become effective as
follows: As to annexation, immediately upon passage on second and
final reading; as to zoning, immediately upon the effective date of
Ordinance No. 44-95, under which an official land use designation of
Medium Density Residential is affixed to th~ subject property
hereinabove described.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 19.95.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 4 - Ord. No. 43-95
FRANCES DRIVE FRANCES DRIVE
UAURICE DRIVE J J
CANAL L-33
~ ~ ~ ~ / sCS°°v
HSTO~E ORI~
ATLANTIC AVENUE S.R. 806)
JONES PROPERTY
ANNEXATION
Jul-28-95 02:47P Caulfield & Wheeler 407-750-1452 P.03
NOTES:
1. Reproductions of this sket¢~ ore n~t voii~ unless sea)cO w)th
an embossed surveyor's ~ec, L
2. Eieorings shown hereon ore assumed based on the North line of
~he Southeast 1/4 of Section I~, Towcs~p 46 South, Range 42
Eosl bearing S 8g' 2q' ~0" W.
DESCRIPTION (RM6):
The East lOO. O0 feet lying West of and poroileJ with the ~st
line of the West 1/4- of the Northeast 1/',1 of the Southeast 1/'4 of
Section !5, Township 46 South, Range 4.2 East.
TOGETHER Wi'TH
The Ncrtn 170.00 feet of
that port of the West quarter (W I/4) of the Northeast quarter
[NE 1/4) of the Southeast quarter (SE 1/4) and the East quarter
(E 1/4) of the Northwest quarter (NW 1/4-) of the Southeast
quarter (SE 1/4), oil in Section 13, Township 46 South, Range 42
East, Palm Beach County, Florida, lying North of State Rood No.
S-808 (West Delray Road), cs recorded in Road Plat Book ,3, Page
27, Public Records of Palm Beach County, F!orido. Less right-of--'_
way for Lake Worth Drainage District. L
Said !and situate in Palm, Begch County, Florida.
Containing i95.501.1~ Square Feet ,/,4.4422 Acres, more or less.
Subject to Easements, Restrictions, Reservobons, Covenants, and
Rights-or-d/ay of Record.
CERTIFICA1 E:
I hereby certify that the attached Sketch, of Description of thc
hereon Oescribed property ?s true and correct ta the Dest of my
kn<}wledge and belief os prepared under my direction on July 27,
1995. t further certify t.h:t this Sketch of Description meets
the Minimum Technicol Standards set forth in Ch<~pter 81617-6
adopted by the Flor]Co Board of Land Surveyors, pursuant to
Florida Statutes 4/2.02'7.
David P. Lindley, P.L.S.
Reg. LonO Surveyor #5005
State of Florida
Jul-28-95 02:47P Caulfield & Wheeler 407-7.50-1452 P.04
DESCRIPT~)N
That port of the West quortet (W 1/¢) of the Northeast querier
(NE 1/~) of the Southeast q~orter (SE !/4) eno the East quarter
(E 1/4) of the Northwest quarter (NW I/4) of the
quarter (SE 1/4), gl1 in Sect/on 13, Towr;~hip 46 South, Range 42
East, Palm Beach,County, F~orida, ~ying North of State Road ~o, .
S-806 (West Oeiroy Rood), os recorded ~n Rood PI~ Book ~, Page
27. Public Records of Palm Beach County, FIocida. Less right-of--
way for Lake Worth Drainage gistric{~$) '
(NE 1/4) of (he Southeast quarter (SE ~/4)~
(NW ~/~) of the Southeos~ ~uarter (SE
of Section 13, Township 46 S~uth, Range 42 East, Palm
Beach Cour,~y, Florida, lying North of tho North right-of-way line
of State Road No. 806, ~s ~hown o~ the plat thereof, recorded
Road Pict Book 3, Page 27, Public Records of Farm Beach County,
Flor;da, described ~s foliows:
BEGINNING ~ the po~nt of intersection of the said North
of-way li~e of S[ate Road No. 806 and th~ West line of the said
East quarter (E 1/4) of the Northwest quarter (NW !/4) of the
Southeast quarter (SE ~/4) at Section 13; thenc~ N 0~' 4~' 22"
W al~9 s~id We~t ~ine, o distance of 400.00 fee~ Lo a tine
409.00 feet North of grid parallel w~lh sa~d North r~ght-of-w~y
Eno; thence N 89' 22' 08" E o',cng sdd pGrallel line, ~
dls~ance at 69.00 feet; t~ence S 00' 41' 22" E, ~ dlst~nce of
237.19 feet; thence N 89' ~2' 25" E, e distance of 133.29 feet;
themce S 40' 33' 35" E, o ~[stance of !00.31 feet; ther~ce N
85' 51' 09" E, ~ ~]stance of !10,55 feet; thence S 00'
25" E, o d~stance cf 93.95 teat to the sdd North right-of-way
line of Store Road N~. 805; thence S ~9' 22' 08" W dong
North r[ght--of-wa~ tine, ~ distance of 377.00 feet Lo the
P~NT OF ~EGINNINO.
Said iand s[t~e in Palm Beach County, Florida.
C~n[aining 78B, 5~65 Squ~re Feet / 18.1025 Acres, more or Jess.-
The East 1'00.00 feet Jying West of and paratleJ with tho East
I~ne of the West. 1/4- cf thc Nortneoqt
Section I3, Township 46 South, Range 42
The North 170.00 feet of
that port of the West quorter {W I/4~ of the Northeast quarter
{NE 1/4) of ~he Southeast q~orter ~SE 1/~) end the [est ouerter
(E 1/'4) of the N~thwest quor[er (N~ 1/4) of the Southeo~t
quarter (SE 1/4) ~t in Section 15, 7owAs~ip 46 South R~nqe
Eos[, Palm Beach County, Florida, lying North of store Race No.
S-~06 [West Delrcy Ro~d), os recorded Fn Rood P(ot ~ook 3, Page
27, Public ~ecords of Palm Beech County, Florido. Less right-of-
way for L~ke Worth Drainage District.
Said land situate in Palm Beach County. F[oridc.
Containing 595,044.5 Square Feet / t5.6B05 Acres, more or tess.