68-95 [IT¥ JIF I]ELIIrI¥ BEI:I[H
~ CITY CLERK .w. ,st ^vENuE. DELR^~ 8~^OH, ~LOR,D^ 3344~ · 4o~43-~ooo
AII-AmericaCity
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. 68-95,
annexin~ certain property to the City of Delray Beach, as the
same was passed and adopted on second and final readin~ by the
City Commission of the City of Delray Beach, Florida, in regular
session on December 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
18th day of December, 1995.
~ Aliso~ Mac~re~or ~rty - 7
" ~'" ~*' City Clerk
CiCy of Deiray Beach
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
ORDINANCE NO. 68-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A 14.47 ACRE PARCEL OF LAND KNOWN AS THE
SPENCE PROPERTY, LOCATED ON THE WEST SIDE OF MILITARY
TRAIL, NORTH OF AND ADJACENT TO THE L-33 CANAL, AND
APPROXIMATELY 1,400 FEET NORTH OF ATLANTIC AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; 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 12.47 ACRE
PORTION OF THE LAND TO RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT, AND A 2.0 ACRE PORTION OF THE
LAND TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, Regina W. Spence, Trustee, is the fee-simple o~ner
of a parcel of land as more particularly described herein; and
WHEREAS, Edward O'Cleary, Esquire, as duly authorized agent
for the fee-simple owner hereinabove named, has requested by petition
to have the subjec~ 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 Developmen~
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 De!ray
Beach, Palm Beach County, Florida, hereby annexes to said Ci%y the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wis:
PARCEL "A":
That part of the Southeast One-Quarter (SE 1/4) of
the Southeast One-Quarter (SE 1/4) of the Northeast
One-Quarter (NE 1/4) and the East Half (E 1/2) of the
Southwest One-Quarter (SW 1/4) of the Southeast
One-Quarter (SE 1/4) of the Northeast One-Quarter (NE
1/4), Section 14, Township 46 South, Range 42 East,
Palm Beach County, Florida, lying west of the west
right-of-way line of Military Trail, LESS the
Southerly 299.99 feet of the Easterly 290.40 feet
thereof.
Containing 12.47 acres, more or less.
PARCEL "B":
The Southerly 299.99 feet of the Easterly 290.40 feet
of that part of the Southeast One-Quarter (SE 1/4) of
the Southeast One-Quarter (SE 1/4) of the Northeast
One-Quarter (NE 1/4) lying west of the west
right-of-way line of Military Trail and the East Half
(E 1/2) of the Southwest One-Quarter (SW 1/4) of the
Southeast One-Quarter (SE 1/4) of the Northeast
One-Quarter (NE 1/4), Section 14, Township 46 South,
Range 42 East, Palm Beach County, Florida.
Containing 2.0 acres, more or less.
The subject property is located on the west side of
Military Trail, north of and adjacent to the L-33
Canal, approximately 1,400 feet north of Atlantic
Avenue; containing 14.47 acres, more or less.
Sec~iQn 2. 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.
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 (Medium Density Residential) as defined by existing ordinances of
the City of Delray Beach.
- 2 - Ord. No. 68-95
Section 4. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land hereinabove
described as Parcel "B" is hereby declared to be in Zoning District NC
(Neighborhood Commercial) 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 sub}ected,
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 no~ be
deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically
initiated by the City pQrsuant 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. 69-95, under which official land use designations of
Medium Density Residential 5-12 units/acre and Transitional are
affixed to the subject property hereinabove described.
PASSED AND ADOPTED in regular session on second and final
December
reading on this the 5th day of ~, 19i5 ,
M A Y/.~.-~
AT~.EST: / ,
City dle z~k -
First Reading November 21, 1995
Second Reading December 5, 1995
- 3 - Ord. No. 68-95
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DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH. FLORIDA 33444 · 407/243-7000
Afl-AmericaCity
993
TO: DISTRIBUTION LIST
FROM: JEFF COSTELLO, SENIOR PLANNEF~(''
SUBJECT: SPENCE ANNEXATION
DATE: DECEMBER 19, 1995
At its meeting of December 5, 1995, the City Commission approved on second
and final reading an ordinance annexing a 14.47 acre property known as the
Spence 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
l~nnt~ O~ Recy~l~l P~er
ANNEXATION BRIEF.FOR THE SPENCE PROPERTY
Property_ Control Number: 00-42-46-14-00-000-1040
Acreage: 14.47 Acres
Number of
Buildings
Taxable Value: On-Site:
$1,320,299.00 0
Pro_iected Population Increase: -0-
Owner's Address: Property_ Address:
Ms. Regina W. Spence, Trustee No address (Vacant land)
1220 N. Ocean Boulevard
Gulfstream, FL 33483
County_ Land Use Designations: HR-8 (High Density Residential- 8 u/a) and
CH/8 (Commercial High Intensity with a
residential equivalent of 8 units/acre)
City_ Land Use Designation: Medium Density Residential (5-12 du/ac) and
Transitional
City_ Zoning Designations: RM (Medium Density Residential) and NC
(Neighborhood Commercial)
Current Use of Property_: Vacant land.
O~ c~O'Zi:3 P9 640
DOROTHY H. 14~I..KEN~ CL.EI~ PB COL~Y~ FL
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~ SPENCE PROPERTY
FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
401 South Monroe Street
Tallahassee, Florida 32399-0250
(904) 488-8427
December 22, 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 December 18, 1995 and
certified copy of Ordinance Nos. 68-95 and 76-95 annexing certain
lands into the City of Delray Beach, which were filed in this
office on December 22, 1995.
Sincerely,
Li Cloud, Chief
Bureau of Administrative Code
LC/vm
CITY CLERK
[lTV OF I]ELAAV BEI:I[H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · OELRAY BEACH, FLORIDA 33444 · 407]243-7000
NI-America City
1993
TO: DISTRIBUTION LIST
FROM: JEFF COSTELLO, SENIOR PLANNER~~-/
SUBJECT: SPENCE ANNEXATION
DATE: DECEMBER 19, 1995
At its meeting of December 5, 1995, the City Commission approved on second
and final reading an ordinance annexing a 14.47 acre property known as the
Spence 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
Printed O~ Re~yclecl P~oer
ANNEXATION BRIEF FOR THE SPENCE PROPERTY
Pro.Derty Control Number: 00-42-46-14-00-000-1040
Acreage: 14.47 Acres
Number of
Buildings
Taxable Value: On-Site:
$1,320,299.00 0
Pro.iected Po.oulation Increase: - 0 -
Owne['$ Address: Property. Address:
Ms. Regina W. Spence, Trustee No address (Vacant land)
1220 N. Ocean Boulevard
Gulfstream, FL 33483
County_ Land Use Designations: HR-8 (High Density Residential- 8 u/a) and
CH/8 (Commercial High Intensity with a
residential equivalent of 8 units/acre)
City. Land Use Designation: Medium Density Residential (5-12 du/ac) and
Transitional
City. Zoning Designations: RM (Medium Density Residential) and NC
(Neighborhood Commercial)
Current Use of Property.: Vacant land.
M ¢~OV~r_J~N DRI~.~~ POS T
OFFICE
FARMERS
MARKET
PLAZA
K.F.C.
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PLAZA
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INDOOR DELRA Y
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ATLANTIC AVENUE
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~ SPENCE PROPERTY
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~
SUBJECT: AGENDA ITEM ~/O' ~' MEETING OF DECEMBER 5. 1995
(ANNEXATION AND INITIAL ZONING FOR SPENCE PROPERTY)
DATE: NOVEMBER 29, 1995
This is second reading and public hearing for Ordinance No. 68-95
which annexes a 14.47 acre parcel of land known as the Spence
property and establishes initial zoning of RM (Medium Density
Residential) District for a 12.47 acre portion of the land and NC
(Neighborhood Commercial) District for the remaining two acres.
The property is located on the west side of Military Trail,
approximately 1,400 feet north of Atlantic Avenue, immediately
north of and adjacent to the L-33 Canal. The NC zoning designation
is to be applied to a two acre area at the southeast corner of the
site.
A Future Land~ Use Map amendment for the Spence property is being
processed concurrently as part of Comprehensive Plan Amendment 95-2
and represents a change from County HR-8 (High Density Residential
- 8 dwelling units/acre) and CH-8 (Commercial High Intensity with a
residential equivalent of 8 units per acre) to City Medium Density
Residential 5-12 dwelling units/acre and Transitional.
The Planning and Zoning Board considered this item at public
hearing on August 28, 1995, and voted 6 to 0 to recommend that it
be approved. At first reading on November 21, 1995, the Commission
passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 68-95 on second and final
reading.
ref:agmemo22
MEMQRANDUM
TO: ~MA~OR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # 1~ - MEETING OF NOVEMBER 21. 1995
FIRST READING FOR ORDINANCE NO. 68-95 (ANNEXATION AND
INITIAL ZONIN~ FOR SPENCE PROPERTY)
DATE: NOVEMBER 17, 1995
This is first reading for Ordinance No. 68-95 which annexes a 14.47
acre parcel of land known as the Spence property and establishes
initial zoning of RM (Medium Density Residential) District for a
12.47 acre portion of the land and NC (Neighborhood Commercial)
District for the remaining two acres. The property is located on
the west side of Military Trail, approximately 1,400 feet north of
Atlantic Avenue, immediately north of and adjacent to the L-33
Canal. The NC zoning d~signation is to be applied to a two acre
area at the southeast corner of the site.
A Future Land Use Map amendment for the Spence property is being
processed concurrently as part of Comprehensive Plan Amendment 95-2
and represents a change from County HR-8 (High Density Residential
- 8 dwelling units/acre) and CH-8 (Commercial High Intensity with a
residential equivalent of 8 units per acre) to City Medium Density
Residential 5-12 dwelling units/acre and Transitional.
The Planning and Zoning Board considered this item at public
hearing on August 28, 1995, and voted 6 to 0 to recommend that it
be approved.
Recommend approval of Ordinance No. 68-95 on first reading. If
passed, a public hearing will be held on December 5, 1995.
ref:agmemo22
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DI RECTORDN
FROM: ~A
ZONING
/S Elf4 I~R PLANNER
SUBJECT: MEETING OF NOVEMBER 21, 1995
ANNEXATION WITH INITIAL ZONING OF RM (MEDIUM
DENSITY RESIDENTIAL) AND NC (NEIGHBORHOOD
COMMERCIAL) FOR A PARCEL OF LAND LOCATED ON THE
WEST SIDE OF MILITARY TRAIL. APPROXIMATELY 1.400
FEET NORTH OF WEST ATLANTIC AVENUE (SPENCE
PROPERTY).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first
reading of an ordinance annexing a 14.47 acre parcel of land, with initial
zoning of RM (Medium Density Residential) and NC (Neighborhood
Commercial).
The subject property is located on the west side of Military Trail,
approximately 1,400 feet north of West Atlantic Avenue.
BACKGROUND:
The property under consideration is an unplatted 14.47 acre parcel of land which
is currently vacant and was utilized as a farm prior to 1980. 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) to Medium Density Residential 5-12 du/ac. On June 2, 1995, an
application was submitted to annex the property into the City with the RM
(Medium Density Residential) zoning designation. In addition to the annexation
City Commission Documentation
Meeting of November 21, 1995
Annexation with Initial Zoning of RM and NC for the Spence Property
Page 2
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 95-2 which represents a change from County HR-8 ( High Density
Residential - 8 du/ac) and CH/8 (Commercial High Intensity with a residential
equivalent of 8 units per acre) to City MDR (Medium Density Residential 5-12
du/ac) and Transitional. At its meeting of September 2, 1995, the City
Commission approved transmittal of Comprehensive Plan Amendment 95-2 to
DCA. City Commission action on Plan Amendment 95-2 will also occur at its
November 21st meeting, and is discussed in a separate staff report.
The property is currently zoned County CC (Community Commercial). The
proposed City zoning is RM (Medium Density Residential), in part, and NC
(Neighborhood Commercial), in part. The NC zoning designation is to be applied
to a 2 acre area at the southeast corner of the site with the balance to be zoned
RM (12.47 acres). 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 August 28, 1995, the Planning and Zoning Board held a public
hearing in conjunction with review of the annexation request with initial zoning of
RM, in part and NC. There was no public testimony in opposition to the request.
The Board voted 6-0 to recommend that the request be approved.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance annexing the Spence property
with initial zoning of RM and NC, and setting a public hearing date of December
5, 1995.
Attachments:
P & Z Staff Report and Documentation of August 21, 1995
Ordinance by Others
S:CCSPENCE.DOC
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT--
MEETING DATE: August 21, 1995
AGENDA ITEM: V.B
ITEM: Annexation and initial zoning of RM (Medium Density Residential) and NC (Neighborhood Commercial) for
a 14.47 acre parcel (Spence property), located on the west side of Military Trail, approximately 1,400 feet
north of Atlantic Avenue.
Owner .......................................... Regina W. Spen~, lrustee
Agent ........................................... fidward O'¢leary, ~sq. ' .
Location ....................................... West side of Milita~ Trail. approximately
1,400 feet north of Atlantic Avenue.
Property Size ............................... 14.47 awes
Existing County Land Use Map
I I I I I I I I I I I I-_
Designation ................................. CH/8(Commercial High lntensitywitha I I I I I I I I I .I I I'<
residential equivalent of 8 units/acre) and
Land Use Map HR-8 (High Density Residential - 8 u/a)
Proposed
City
Designation ................................. Medium Density Residential 5-12 u/a and
Transitional (CPA 95-2)
Existing County Zoning ............... CC (Community Commercial)
Proposed City Zoning .................. RM (Medium Density Residential) and NC
(Neighborhood Commercial)
Adjacent Zoning ..... ~ ........... North: County RS/SE/PUD(Single Family
Residential with special exception to allow a
PUD)
East:. City GC(General Commercial)
South: County CG/SE (General Commercial with a
special exception)
West: County RS/SE/PUD
Existing Land Use ........................ Vacant land
Proposed Land Use ..................... Maximum development potential of a 149
multiple family units and 26,136 sq.ft, of
commercial development.
Water Service .............................. Available via connection to an existing 1.4'
water main along the east side of Military
Trail.
Sewer Service .............................. Available via connection to the existing lift
station to the southeast, across Military
Trail, at the northwest comer of the Delray
Square shopping center. ~ --~
V,B
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 (Medium Density Residential), in part, and NC
(Neighborhood Commercial).
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 west side of Military Trail,
approximately 1,400 feet north of Atlantic Avenue.
The property under consideration is an unplatted parcel comprised of 14.47
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) to Medium Density Residential 5-12 du/ac. On June 2, 1995, an
application was submitted to annex the property into the City with the 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 95-2 which represents a change from County HR-8 ( High Density
Residential ~ 8 du/ac) and CH/8 (Commercial High Intensity with a residential
equivalent of 8 units per acre) to City MDR (Medium Density Residential 5-12
du/ac) and Transitional.
The subject property is a 14.47 acre parcel of land which is currently vacant.
The property is currently zoned County CC (Community Commercial). The
proposed City zoning is RM (Medium Density Residential), in part, and NC
(Neighborhood Commercial), in part. The NC zoning designation is to be
applied to 2 acre area at the southeast corner of the site with the balance to be
zoned RM (12.47 acres).
_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
P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 2
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. 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 FIodda Statutes. This is a voluntary petition by the property owner.
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CONSISTENCY BETWEEN 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 designations for the property are Medium Density
Residential 5-12 du/ac (MDR), in part, and Transitional. The existing
County Land Use designations for the property are HR-8 (High Density
Residential - 8 du/ac) and CH/8 (Commercial High Intensity with a
residential equivalent of 8 units per acre). As outlined, in the FLUM
amendment staff report, the proposed City MDR land use designation is
consistent with the existing County HR-8 land use designation, and the
proposed Transitional designation is consistent with the County CH/8
(Commercial High Intensity - 8 units per acre
ADJACENT, LAND USE MAP DESIGNATIONS AND LAND USES:
The Land Use Map designation to the north and west is Palm Beach
County HR-8 (High Residential- 8 du/ac) [with an advisory City
designation of MDR (Medium Density Residential 5-12 du/ac)]; South is
Palm Beach County C/8 (Commercial High Intensity with a residential
equivalent of 8 du/ac) [with an advisory City designation of General
Commercial; to the east is City General Commercial.
The existing Land Uses-are: to the north and west is a 1,084 unit multiple
family development with a density of 6.4 units per acre (High Point of
Delray West); south is the Marketplace of Delray shopping center; and
east is commercial development (The Boy's Farmers Market, Shoppes of
P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 3
Delray shopping center, Trails End Plaza, and Kentucky Fried Chicken
restaurant).
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Designated Annexation Area; The territory to be annexed is located within
"designated annexation area No. 5" west of Military Trail, north and south of
Atlantic Avenue (less Country Club Acres and High Point of Delray West).
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 5.5 minutes of the County_ Fire Department (Fire Station No. 42,
Hagen Ranch Road near the Turnpike) to approximately 2.5 minutes for the
City's Fire Department (Fire Station No. 4 at Barwick and Lake Ida Roads).
Water: Municipal water service is available via connection to an existing 14"
water main along the east side of Military Trail. This will require the developer to
jack-and-bore underneath Military Trail. 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. This may either require connection to the 8"
P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 4
main at the Marketplace of Delray shopping center or an additional connection to
the 14" main along Military Trail.
Sewer: Sewer service is available via connection to the existing 8" gravity line
approximately south of the property which discharges into a lift station (L.S. 87),
located on the east side of Military Trail, at the northwest corner of th.e Delray
Square shopping center. Future development of the property will require sewer
main extensions and may require the upgrading of the existing lift station to
accommodate the additional flow.
Streets: This property has direct access to Military Trail. Military Trail is under
the jurisdiction of Palm Beach County. 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 149 residential units and 26,136 sq.ft, of commercial
development generating a total of 4,098 average daily trips. The traffic study
notes that this segment of Military Trail, between Atlantic Avenue and Lake Ida
Road, is six lanes and has sufficient capacity to accommodate the additional
trips as it is operating at level of service "B".
It is noted that Military Trail, between Atlantic Avenue and Clint Moore Road is
operating at level of service "E". Recent traffic studies submitted for adjacent
developments indicate that with an additional analysis of peak hour directions
(traffic alternative test 1 analysis) the referenced segment of Military Trail will
pass level of service "D', with the installation of a dual left turn lane at Clint
Moore and Military Trail. This improvement is scheduled for October of 1995.
However, this roadway segment will again fail level of service "D" by the end of
1995. Consequently, after December 1995, no additional development can
occur until Military Trail is widened from 4 to 6 lanes which is scheduled for fiscal
year 1996/97. With the submittal of a specific development proposal, a full traffic
study will be required and potential roadway improvements will be further
reviewed.
Parks and Open Space: Nonresidential zone districts such as the proposed NC
district do not create a need or impact on parks and recreation facilities.
However, the proposed RM (12.47 acres) zoning district will allow a maximum
development potential of 149 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
P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 5
recreation impact fee of $500 per unit will be assessed at the time of building
permit.
Solid Waste: As there is no change in actual land use, there is no impact on
solid waste disposal. The service provider will be Waste Management, Inc., 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
$1,320,299.00. 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 $26,604.16. With annexation the yearly
ad valorem taxes will be $33,142.15 a tax difference of $6,537.99. In addition to
property taxes, the following Non Ad Valorem fiscal impositions apply:
Delray Beach Storm Water Utility - With future development, storm water
assessment will be 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 Distdct and an additional 25% discount may
be available if drainage is retained on-site.
Solid Waste Authority - As the property is currently vacant, it is not receiving
solid waste service. With future development of the property, the service
provider will be the current City provider, Waste Management, Inc.
Occupational License Fees - Upon development of the proposed NC zoned
portion of the property to accommodate limited commercial and office uses,
occupational licenses will be required. This license will be in addition to the
current County license fee required for retail and offices of approximately $60 per
year. The City occupational license fee is $125 per business.
P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 6
Resulting Impacts to Property Owner:
SUMMARY OF IMPACTS ON THE SPENCE PROPERTY
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES +$ 6,537.98
[Change from 94/95 County of 20.1501
to City 94/95 rate 25.1020 mills.(4.9524)]
NON AD VALOREM
Stormwater Assessment $ .00
Solid Waste Collection $ o00
WATER & SEWER UTILITY FEES $ .00
OCCUPATIONAL LICENSE FEES $ .00
ANNUAL FINANCIAL IMPACT: +$ 6~537.98
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time from (estimated time)
5.5 minutes (County) to 2.5 minutes (City)
EMS + Faster response time from (estimated time)
5.5 minutes (County) to 2.5 minutes (City)
POLICE + Better response based upon more officers
in field.
CODE ENFORCEMENT + Pre-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 $10,496.38 in ad valorem taxes per
year. With future commercial and residential development, additional revenues
will be realized through increased assessed value, building permit and licensing
P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 7
fees, collection of the stormwater assessment fee as well as utility taxes (9.5%
electric, 7% telephone) and franchise fees on electric, telephone, and cable.
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 shad.rig. The
current per capita rate is approximately $78.66 per person. With future
development of residential property additional revenues will be realized.
~'.;~ .... ~..s:~%,:~"' ~:~"'?., ~.~i '~':" ....... ,¢~'~"'~'"~:":~"~'''.~'~ ~"~'"": .................~
The proposed City zoning designations are RM (Medium Density Residential- 12
du/ac) and NC (Neighborhood Commercial). The current County zoning
designation is CC (Community Commercial).
The surrounding zoning designations are: County RS/SE/PUD (Single Family
Residential with a special exception to allow a planned unit development) to the
north and west; to the south, across the L-33 Canal, is County CG/SE (General
Commercial with a special exception to allow a large scale community shopping
center); and, to the east, across Military Trail, is City GC (General Commercial).
R..EQUIRED 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:
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 zoning ·designation is consistent with the proposed Medium
Density Residential 5-12 du/ac land use designation, and the NC zoning is
consistent with the proposed Transitional land use designation. The proposed
multiple'family development is allowed as a permitted use within the RM zoning
district, and the proposed limited commercial development is a permitted use in
the NC zoning district. 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.
P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 8
The proposal involves the annexation of vacant land. There will be no changes
in the manner that water, sewer, drainage, streets/traffic and solid waste services
will be provided. Fire, EMS and Police will shift to a different provider; however,
all of these services will be equal to or enhanced (see annexation analysis for
details).
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
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.
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.
...Co.mprehensive 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.
_C. o.nservation Element Policy B-2.1: The submission of a biological survey
and a habitat analysis shall accompany FLUM amendment and rezoning
requests...
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 the were environmentally sensitive areas
as identified in Objective B-I.
A Biological Assessment of the site was conducted by Dames & Moore on
Abgust 8, 1995. The study did not reveal any federal or state listed
protected species of flora or fauna, and concluded that no protected
species inhabit the property. The study did reveal a large presence of
Brazilian Pepper and Australian Pine trees. These trees have been
identified as exotic species which must be eradicated from this site with
'development of the property.
P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 9
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. Development of the property should be reasonably
consistent with the character of the adjacent residential development.
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 development. The development of this property will fulfill the
need for medium density residential development.
Section 3.3.2 {Standards for Rezoning Actions): Standard B '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.
The property is designated vacant residential on the Neighborhood
Categorization Map. However, the properties to the west are noted as
stable residential. The rezoning is required in conjunction'with the
annexation request. The proposed RM zoning designation will be
consistent with the proposed MDR land use map designation and the NC
zoning will be consistent with the Transitional land use designation.
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 NC zoning is consistent with the existing County CC
(Community Commercial) zoning designation, which are both strip
commercial in character. However, the annexation request is not
rezoning a property to strip commercial but rather applying a City
P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 10
commercial zoning designation to existing strip commercial zoning. The
proposed NC property is 290 feet in depth which can easily accommodate
a well-planned commercial development. While the NC district does allow
commercial development which is "stdp" commercial in character it does
not allow typical high traffic generating strip commercial uses such as fast-
food restaurants and gasoline stations.
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 zoning designation will accommodate the proposed multiple
family development as a permitted use, and the proposed NC zoning
designation will accommodate the proposed commercial development as
a permitted use. With respect to compatibility of the proposed commercial
development with the proposed multiple family development, within the
landscape strips abutting the residential property, trees must be planted
every 25 feet along with either a 6 foot high wall or a 4 1/2 foot high
hedge, at the time of planting. Also, many of the business which are
allowed in a neighborhood commercial development usually do not extend
into the evening hours, therefore, there should not be any issues
regarding noise. The RM zoning will abut the existing residential
development to the north and west (High Point of Delray West). The
proposed multiple family development should be compatible with the
adjacent residential development. Site specific compatibility of the future
development with the surrounding developments will be addressed at the
time of site development plan review. Compatibility is not a major concern
as there are sufficient regulations in place to mitigate any potential
adverse impacts.
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;
P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 1 1
c. That the requested zoning is of similar intensity as allowed
under the Future Land Use Map and that it is more appropriate
for the property based upon circumstances particular to the
site and/or neighborhood.
The applicant has submitted a justification statement which states
the following:
"There has been a change in circumstances. The applicant is applying for
annexation of this property into the City. The annexation requires that the
applicant apply for an appropriate zoning designation."
Comment: The justification statement addresses Item "b" as the basis for
which the rezoning should be granted, *however,. Item "c" is also
applicable. The property is in the unincorporated area' of Palm Beach
County, however, it is within the City of Delray Beach reserve annexation
area. The requested zoning designations are of similar intensity as that
allowed under the proposed City and existing County land use
designations. The requested RM zoning designation on 12.47 acres of
the property is more appropriate for the property than the current County
zoning designation of CC (Community Commercial) as the RM portion will
· directly abut an existing residential development. The NC zone district is
appropriate as it is consistent with the existing County land use and
zoning designations for that portion of the property.
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
south property line) will be required.
Palm Beach County Notice:
On July 5, 1995 the Palm Beach County Planning Division was notified of the
FLUM amendment as well as the City's intent to annex this property. To date, a
response has not been received.
P & Z Board Staff Report ·
Spence Property - Voluntary Annexation and Initial Zoning
Page 12
IPARC Notice:
Notice of the Land Use Map Amendment was also provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to
adjacent municipalities. To date, a response has not been received.
Courtesy Notices:
Courtesy notices were sent to the following homeowners' and civic associations:
12 Burt Aaronson, County E;] High Point of Delray West III
Commissioner E] High Point Section Six
[] Country Club Acres [] Highland Trailer Park
[] Country Manor ' [] PROD (Progressive Residents
El Hamlet Residential Association of Delray)
[] Greensward Village El Rainberry Woods Association
[] High Point Master Association 12 Rockland Park
[] High Point of Delray West [] Sherwood Forest
12 High Point of Delray West I [] United Property Owners .,
[~ High Point of Delray West II
Public Notice:
Formal public notice has been provided to all property owners within a 500 foot
radius of the subject property. Letters of objection or support, if any, will be
presented at the Planning and Zoning Board meeting.
!
Accommodating the annexation of this property and affixing initial City zoning
designations of RM and NC 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.
The City will receive additional revenue from property taxes, which will result in a
net increase to the City of approximately $10,495.38 a year. With future
development of the property, additional revenues will be received from property
taxes, stormwater assessment fees, per capita revenues, utility taxes, franchise
fees, and occupational license fees.
.P & Z Board Staff Report
Spence Property - Voluntary Annexation and Initial Zoning
Page 13
The application of the RM zoning designation to 12.47 acres of the property is
appropriate adjacent to the existing multiple family development. Applying the
NC zoning designation to the southeast 2 acres is appropriate as it is consistent
with the existing County zoning and is situated along Military Trail, adjacent to
commercial development. If the annexation is approved, it is anticipated that a
site and development plan submittal will follow. Compatibility of the proposed
development with respect to design will be further addressed at that tim~.
A. Continue with direction.
B. Recommend approval of the annexation with initial zoning designations of
RM (Medium Density Residential) and ~C (Neighborhood Commercial).
C. Recommend denial of the annexation with initial zoning designations of
RM and NC with the basis stated.
Recommend approval of this annexation with initial zoning designations of RM
(Medium Density Residential) and NC (Neighborhood Commercial) based upon
positive findings with respect to LDR 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 tothe property in a manner similar to other
similar properties within the City.
Attachments:
Location Map
Survey
Staff Report prepared by: Jeff Costello. Senior Planner
S:IPLANNINGIDOCUMENTSIREPORTSISPENCECPA.DOC
- (: OTIcEITYO" :::::- DELRAY ANNEXATION' BEACH, 'FL ' - )"ANDRIDA ........
ONING ORDINANCE NO. 68-95
~pr4.0W~ I'I~Oi~OS~ ~ .(o~t
Ily IMJ, 10o N.W. lIM.aue. DMay Beach, Iqo~d~ a~ w~i~ Ume ~ C~y Comm~ ~,
":: !~ ~ .~1~ ~ING ~ ~E C~ ~ ~Y ~H, A 14.47 ~RE ~RCEL ~
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· ~: ~a~ ~DI~ F~ ~E ZONING OF A 12.47 ~ ~ ~ ~E ~D ~ RM
· -' ~.~ - ~O;UM OE,S~ ~S;DE~) D~;C[ ~D ~.0 ~RE ~ ~E
· ': ': ~_~.~' . ~ND ~ ~ (N~H~R~D ~RC~) ~S~T; ~ID~ A GENE~
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I i I'
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF ANNEXATION AND ZONING
ORDINANCE NO. 68.95
The City Commission of the Ci~/of Delmy Beach will ho~d a PUBUC
· HEARING ON THE FOLLOWING PROPOSED ORDINANCE ON
TUESDAY~ DECEMBER 51 19951 AT 7:00 P.M. (or at an,/continuation of
such meeting whk:h is set by the Commission), in the ~mmissio~
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, at
which time the City Commission will consider its adoption. The ordinance
will he mad by title only and all persons interested will he given the
opportun~ to be heard.
ORDINANCE NO. 68-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CiTY OF DELflAY
BEACH, A 14.47 ACRE PARCEL OF LAND KNOWN AS THE SPENCE
PROPERTY, LOCATED ON THE WEST SIDE OF MILITARY TRAIL,
NORTH OF AND ADJACENT TO THE L-33 CANAL, AND
APPROXIMATELY 1,400 FEET NORTH OF ATLANTIC AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; 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 12.47 ACRE PORTION OF THE LAND TO RM
(MEDIUM DENSITY RESIDENTIAL) DISTRICT, AND A 2.0 ACRE
PORTION OF THE LAND TO NC (NEIGHBORHOOD COMMERCIAL)
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
A MAP (nol 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 HERINABOVE
NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY
CLERK, CITY HALL, 100 N.W. 1ST AVENUE, DELRAY BEACH,
FLORIDA.
~ F;Or_NC[ PROP[RTY
~is notre is pu~ish~ es r~uir~ by S~te law. The pm~sed
o~in~ce m~ ~ in~ at ~e ~e of the Ci~ C~rk at Ci~ Hall,
1~ N.W. 1st A~nue, Delmy ~ach, Flor~a, ~en the houm of 8:~
a.m. and 5:00 p.m., ~day ~rough Fdday, ~cluding holidays.
PLEASE BE A~ISED ~at ~ a ~mon d~es to ~al any ~ision
~ ~ ~e C~ ~m~ion ~h ms~ ~ any ~ffer ~nsider~ at
~is ~ng, ~ ~ will ne~ 8 ~ord of ~e~ pr~ings, and
~r this pur~ s~h ~ ~y n~ to ensure t~t a ~tim r~ord
i~ludes ~e testi~ and ~ide~e u~ wh~ ~e ap~al is to be
~. ~e ~ ~s ~ ~e ~ pm~m s~ r~rd. Pumuant to
ES. 285.0105.
PUBLISH: D~m~r 1, 1~5 CI~ OF DELRAY B~CH
~e News Ali~ MaUrer Ha~
~ Rat~l~ ~a~ C~ Cle~
Ad ~16113
CITY OF DELRAY BEACH. FLORIDA ~
NOTICE OF ANNEXATION AND ZONING L
ORDINANC~ ~Q, 68-95 ~'~
The City Commission of the City of Delray Beach will hold a
PUBLIC HEARING ON THE FOLLOWING PROPOSED ORDINANCE ON TUESDAY.
DECEMBER 5. 1995. AT 7:00 P.M. (or at any continuation of such ·
meeting which is set by the Commission), in the Commission .
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, ~
Florida, at which time the City Commission will consider its
adoption. The ordinance will be read by title only and all
persons interested will be given the opportunity to be heard.
ORDINANCE NO. 68-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A 14.47 ACRE PARCEL OF LAND KNOWN AS THE SPENCE
PROPERTY, LOCATED ON THE WEST SIDE OF MILITARY TRAIL,
NORTH OF AND ADJACENT TO THE L-33 CANAL, AND
APPROXIMATELY 1,400 FEET NORTH OF ATLANTIC AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; 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 12.47 ACRE PORTION OF THE LAND TO
RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT, AND A 2.0
ACRE PORTION OF THE LAND TO NC (NEIGHBORHOOD
COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Regina W. Spence, Trustee, is the fee-simple owner
of a parcel of land as more particularly described herein; and
WHEREAS, Edward O'Cleary, Esquire, 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:
~ 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":
That part of the Southeast One-Quarter (SE 1/4) of the
Southeast One-Quarter (SE 1/4) of the Northeast
One-Quarter (NE 1/4) and the East Half (E 1/2) of the
Southwest One-Quarter (SW 1/4) of the Southeast
One-Quarter (SE 1/4) of the Northeast One-Quarter (NE
1/4), Section 14, Township 46 South, Range 42 East,
Palm Beach County, Florida, lying west of the west
right-of-way line of Military Trail, LESS the
Southerly 299.99 feet of the Easterly 290.40 feet
thereof.
Containing 12.47 acres, more or less.
PARCEL "B":
The Southerly 299.99 feet of the Easterly 290.40 feet
of that part of the Southeast One-Quarter (SE 1/4) of
the Southeast One-Quarter (SE 1/4) of the Northeast
One-Quarter (NE 1/4) lying west of the west
right-of-way line of Military Trail and the East Half
(E 1/2) of the Southwest One-Quarter (SW 1/4) of the
Southeast One-Quarter (SE 1/4) of the Northeast
One-Quarter (NE 1/4), Section 14, Township 46 South,
Range 42 East, Palm Beach County, Florida.
Containing 2.0 acres, more or less.
The subject property is located on the west side of
Military Trail, north of and adjacent to the L-33
Canal, approximately 1,400 feet north of Atlantic
Avenue; containing 14.47 acres, more or less.
~ 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.
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 (Medium Density Residential) as defined by
existing ordinances of the City of Delray Beach.
Section 4. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land
hereinabove described as Parcel "B" is hereby declared to be in
Zoning District NC (Neighborhood Commercial) as defined by
existing ordinances of the City of Delray Beach.
Section 2, 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.
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. 69-95, under which official land use
designations of Medium Density Resi~ential 5-12 units/acre and
Transitional are affixed to the subject property hereinabove
described.
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)
This notice is published as required by State law and Section
2.03(b) of the City Charter of the City of Delray Beach. 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, excluding holidays.
PLEASE BE ADVISED that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this hearing, such person will need a record of these
proceedings, and for this purpose 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
November 24, 1995 Alison MacGregor Harty
City Clerk
Instructions to Newspaper: This is a display ad to be published
in the legal/classified section of the newspaper. Thank you.
ref:anexadl
::-... . ...::. .
ATLANTIC AVENUE
7r' ! .Ill
~ SPENC[ PROP[R~
pLANNiNG ~ ZONiN~ ~
SPENCE PROPERTY
DESCRIPTION OF RESIDENTIAL PARCEL:
THAT PART OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE 8OUTHEAST
ONE-QUARTER (SE 114) OF THE NORTHEAST ONE-QUARTER (NE 1/4) AND THE
EAST HALF (E 1/2) OF THE 8OUTHWEST ONE-QUARTER (8W 1/4) OF THE
SOUTHEAST (SE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4), SECTION
14, TOWNSHIP 46 8OUTH, RANGE 42 EAST, PALM 8EACH COUNTY, FLORIDA,
LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL, LES8
THE SOUTHERLY 299.99 FEET OF THE EASTERLY 290.40 FEET THEREOF
CONTAINING 12.471 ACRES, MORE OR LESS.
DESCRIPTION OF COMMERCIAL PARCEL:
THE SOUTHERLY 299.99 FEET OF THE EASTERLY 290.40 FEET OF THAT PART
OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE SOUTHEAST ONE-
QUARTER (SE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) LYING WEST
OF THE WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL AND THE EAST HALF
(E 1/2) OF THE SOUTHWEST ONE-QUARTER (SW 114) OF THE SOUTHEAST (SE
1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4), SECTION 14, TOWNSHIP 46
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA.
CONTAINING 2.000 ACRES, MORE OR LESS.
LEGAL VERIFICATION FORM
FILE #: 95-146
PROJECT NAME: SPENCE ANNEXATION/ZONING
LEGAL DESCRIPTION:
SEE ATTACHED
SOURCE of Legal Description: SURVEY
VERIFIED BY:~ DATE:
VERIFICATION REQUEST NEEDED BY: NOVEMBER 16, 1995
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
LEGHARAN