07-94 ORDINANCE NO. 7-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF
NORTH FEDERAL HIGHWAY APPROXIMATELY 240 FEET NORTH OF
N.E. 14TH STREET, AND BEING 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; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN
THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID
LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE- LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, R.I. and Darleen M. Smith are the fee-simple owners
of a parcel of land located on the west side of North Federal Highway
approximately 240 feet north of N.E. 14th Street, as the same is more
particularly described herein; and
WHEREAS, the City of Delray Beach, Florida, has initiated
annexation proceedings, pursuant to Florida Statute 171.046(2) (a), to
include the subject property within the corporate limits of the city,
and has heretofore been authorized to annex lands in accordance with
Sections 171.044 and 171.046(2) (a) of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach, Florida;
and
WHEREAS, the subject property hereinafter described is
presently under the jurisdiction of Palm Beach County, Florida, having a
County Future Land Use Map designation of CH-5 (Commercial High
Intensity with a residential equivalent of 5 units/acre); and
WHEREAS, the advisory Future Land Use Map (FLUM) designation
for the subject property in the City of Delray Beach, Florida, is GC
(General Commercial); and
WHEREAS, the City's Future Land Use Map designation of GC
(General Commercial) is consistent with the County FLUM designation of
CH-5 (Commercial High Intensity with a residential equivalent of 5
units/acre) for the property hereinafter described; and
WHEREAS, the City's FLUM designations as initially contained
on the City's Future Land Use Map adopted in November, 1989, and as
subsequently amended, are deemed to be advisory only until an official
Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of
this proceeding, and provisions of Land Development Regulations Chapter
Two have been followed in establishing the proposed zoning designation.
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:
Lots 1 and lA, DELRAY BEACH ESTATES, as recorded in
Plat Book 21, Page 13, of the Public Records of Palm
Beach County, Florida.
The subject property being generally located on the
west side of North Federal Highway, approximately 240
feet north of N.E. 14th Street; and containing a 0.528
acre parcel of land, more or less.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 3. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected,
including the Stormwater Management Assessment levied by the City
pursuant to its ordinances and as required by Florida Statutes Chapter
197, and persons residing thereon shall be deemed citizens of the City
of Delray Beach, Florida.
Section 4. That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for such
roads, alleys, or the like, unless otherwise specifically initiated by
the City pursuant to current requirements and conditions.
Section 5. That the Future Land Use Map designation of the
subject property is hereby officially affixed as GC (General
Commercial).
- 2 - Ord. No. 7-94
Section 6. That the City of Delray Beach elects to make this
small scale amendment by having only an adoption hearing, pursuant to
Florida Statutes Section 163.3187(1) (c)4.
Section 7. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in Zoning District GC (General
Commercial) as defined by existing ordinances of the City of Delray
Beach.
Section 8. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 9. That should any section or provision of this
ordinance or any portion thereof, any paragraPh, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 10. That this ordinance shall become effective as
follows: As to the annexation and zoning, immediately upon passage on
second and final reading; as to the small scale land use plan amendment,
the date a final order is issued by the Department of Community Affairs
or Administration Commission finding the amendment in compliance in
accordance with Section 163.3184, F.S., whichever occurs earlier. No
development orders, development permits, or land uses dependent on this
amendment may be issued or commence before it has become effective. If
a final order of noncompliance is issued by the Administration
Commission, this amendment may nevertheless be made effective by
adoption of a resolution affirming its effective status, a copy of which
resolution shall be sent to the Department of Community Affairs, Bureau
of Local Planning, 2740 Centerview Drive, Tallahassee, Florida
32399-2100.
PASSED AND ADOPTED in regular session on second and final
reading on this the 22nd day of March, 1994.
ATTEST:
J City C~erk '
First Reading March 8~ 1994
Second Reading March 22, 1994
- 3 - Ord. No. 7-94
N. FEDERAL UNINCORPORATED ENCLAVES
PROPOSED FOR ANNEXATION
LEGEND
PARCEL ORD.Jl
A. 7-94
B. 8-94
C. 9-94
D. 10-94
E. 11-94
F. 12-94
G. 1,3-94
H. 14-94
I. 15-94
J. 16-94
x.
L. 18-94
CITY DF llELRllY BEII[H
CITY CLERK ~oo~.w.~,~,,,~ . ~Y~,~OH,~_o~.o~4~4 · 40~4~-~000
01~ ~ ~ P~
1993
Q.E RTI F I QAT I ON
I, ALISON MacGREGOR HARTY, City Clerk of the City
of Delray Beach, Florida, do certify that the attached is a
true and correct copy of Ordinance No. 7-94, 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 March 22, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand
and the official seal of the City of Delray Beach, Florida,
on this the 25th day of March, 1994.
City Clerk
City of Delray Beach
THE EFFORT ALWAYS MATTERS
ORDINANCE NO. 7-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF
NORTH FEDERAL HIGHWAY APPROXIMATELY 240 FEET NORTH OF
N.E. 14TH STREET, AND BEING 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; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN
THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID
LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
WHEREAS, R.I. and Darleen M. Smith are the fee-simple owners
of a parcel of land located on the west side of North Federal Highway
approximately 240 feet north of N.E. 14th Street, as the same is more
particularly described herein; and
WHEREAS, the City of Delray Beach, Florida, has initiated
proceedings, pursuant to Florida Statute 171.046(2) (a), to
include the subject property within the corporate limits of the city,
annexation
and has heretofore been authorized to annex lands in accordance with
Sections 171.044 and 171.046(2) (a) of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach, Florida;
and
WHEREAS, the subject property hereinafter described is
presently under the jurisdiction of Palm Beach County, Florida, having a
County Future Land Use Map designation of CH-5 (Commercial High
Intensity with a residential equivalent of 5 units/acre); and
WHEREAS, the advisory Future Land Use Map (FLUM) designation
for the subject property in the City of Delray Beach, Florida, is GC
(General Commercial); and
WHEREAS, the City's Future Land Use Map designation of GC
(General Commercial) is consistent with the County FLUM designation of
CH-5 (Commercial High Intensity with a residential equivalent of 5
units/acre) for the property hereinafter described; and
WHEREAS, the City's FLUM designations as initially contained
on the City's Future Land Use Map adopted in November, 1989, and as
subsequently amended, are deemed to be advisory only until an official
Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of
this proceeding, and provisions of Land Development Regulations Chapter
Two have been followed in establishing the proposed zoning designation.
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:
Lots 1 and lA, DELRAY BEACH ESTATES, as recorded in
Plat Book 21, Page 13, of the Public Records of Palm
Beach County, Florida.
The subject property being generally located on the
west side of North Federal Highway, approximately 240
feet north of N.E. 14th Street; and containing a 0.528
acre parcel of land, more or less.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 3. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected,
including the Stormwater Management Assessment levied by the City
pursuant to its ordinances and as required by Florida Statutes Chapter
197, and persons residing thereon shall be deemed citizens of the City
of Delray Beach, Florida.
Section 4. That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for such
roads, alleys, or the like, unless otherwise specifically initiated by
the City pursuant to current requirements and conditions.
Section 5. That the Future Land Use Map designation of the
subject property is hereby officially affixed as GC (General
Commercial).
- 2 - Ord. No. 7-94
ORB 8!8 474,
Section 6. That the City of Delray Beach elects to make this
small scale amendment by having only an adoption hearing, pursuant to
Florida Statutes Section 163.3187(1) (c)4.
Section 7. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in Zoning District GC (General
Commercial) as defined by existing ordinances of the City of Delray
Beach.
Section 8. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 9. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 10. That this ordinance shall become effective as
follows: As to the annexation and zoning, immediately upon passage on
second and final reading; as to the small scale land use plan amen~ent,
the date a final order is issued by the Department of Community Affairs
or Administration Commission finding the amen~ent in compliance in
accordance with Section 163.3184, F.S., whichever occurs earlier. No
development orders, development permits, or land uses dependent on this
amendment may be issued or commence before it has become effective. If
a final order of noncompliance is issued by the Administration
Commission, this amendment may nevertheless be made effective by
adoption of a resolution affirming its effective status, a copy of which
resolution shall be sent to the Department of Community Affairs, Bureau
of Local Planning, 2740 Centerview Drive, Tallahassee, Florida
32399-2100.
PASSED ~D ADOPTED in regular session on second and final
reading on this the 22nd day of March, 1994.
ATTEST:
JCity C~erk ~
First Reading March 8~ 1994
Second Reading March 22, 1994
- 3 - Ord. No. 7-94
Return to: (enclose sell-addressed stamped envelope)
Name
Address:
Property Appraisers Parcet Identification (Folio) Number(s):
N. FEDERAL UNINCORPORATED ENCLAVES
PROPOSED FOR ANNEXATION
LEG[ND
PARCEL ORD.#
A. 7-g4
B. 8-94
C. 9-94
D. 10-94
E. 11-94
F. 12-94
G. 13-94
H. 14--94
I. 15-94
J. 16-94
L. 18-94
WEEKLY STATUS REPORT
July 8, 1994
1. COMPREHENSIVE PLAN AMENDMENT(SI- The Department of
Community Affairs has completed its review of the
city's Comprehensive Plan Small-Scale Amendment (Ordinance
Nos. 7-94, 10-94, 13-94, 14-94, 15-94 and 17-94; DCA No.
94Sl) as adopted on March 22, 1994, and has determined
that it meets the requirements for compliance. The
Department is issuing a Notice of Intent to find the plan
amendment in compliance. The Notice of Intent was sent to
the News for publication on June 30, 1994.
FLORIDA DEPARTMENT OF STATE
Jim Smith, Secretary of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
Tallahassee, Florida 32399-0250
(904) 488-8427
March 4, 1994
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 March 25, 1994 and
certified copy of Ordinance Nos. 6-94, 7-94, 10-94, 13-94,
14-94, 15-94 and 17-94 annexing certain lands into the City
of Delray Beach, which were filed in this office on March 30,
1994.
Liz Clou~, Chief
Bureau of Administrative Code
LC/dlb
RECEIVED
CITY CLERK
£1TY OF [IEI. RR¥ BER£H
:: ', .', : .,:.',!_ff , ~-_._,4.:. , ~EACH :-LORiDA 33444 · 407243-7000
1993
March 28, 1994
Clerk of the Circuit Court
in and for Palm Beach County
Recording Department
P.O. Box 4177
West Palm Beach, FL 33402-4177
Dear Sir or Madam:
Enclosed please find a certified copy of each of the following
annexation ordinances for recording:
Ordinance No. 6-94
Ordinance No. 7-94
Ordinance No. 10-94
Ordinance No. 13-94
Ordinance No. 14-94
Ordinance No. 15-94
Ordinance No. 17-94
passed and adopted on second and final reading by the City
Commission of the City of Delray Beach, Florida, in regular session
on March 22, 1994.
Upon recordation, kindly return the documents to this office.
Please bill to the City's Account #87211.
If you have any questions, please do not hesitate to contact me at
407/243-7050. Thank you for your assistance.
Sincerely,
Alison MacGregdr Harty
City Clerk
AMH/m
Enclosures
THE EFFORT ALWAYS ~/~ATTERS
£1TY OF DEI. R I¥ BE I£H
~,/ !00 ' ,V; t ,:,VENUE · DEL?A'" BEACH, FLORIDA 33444 · 407/243-7000
1993
Aud±tor
Waste Management Co.
651 Industrial Way
Boynton Beach, FL 33426
Re: Annexation Ordinances/City of Delray Beach
Dear Mr. Harris:
As requested, enclosed please find copies of the ordinances and
other pertinent information relating to recent annexations by the
City of Delray Beach, Florida. They are as follows:
Ordinance No. 44-93 (Taheri Annexation)
Adopted August 10, 1993/effective immediately
Ordinance No. 62-93 (Sunset Pines, et al)
Adopted November 9, 1993/effective immediately
Ordinance No. 6-94 (A portion of Blood's Groves) Adopted March 22, 1994/effective immediately
Ordinance No. 7-94 )
Ordinance No. 10-94 )
Ordinance No. 13-94 ) North Federal Highway Annexations
Ordinance No. 14-94 ) effective immediately (3/22/94)
Ordinance No. 15-94 )
Ordinance No. 17-94 )
I believe Waste Management was previously provided copies of
Ordinance Nos. 44-93 and 62-93. In the future, I will route
information concerning annexations directly to your attention.
If you have any questions, please do not hesitate to contact me at
407/243-7050.
Sincerely,
A ison MacGregdr Harty
City Clerk
AMH/m
Enclosures
THE EFFORT ALWAYS MATTERS
~,e,3 ~ ~ecvc,ed Pa~er
MEMORANDUM
TO: ALISON MACGREGOR HARTY, CITY CLERK
FROM: PLANNING DEPARTMENT~O.~o~.~,-X
RE: ORDINANCES LANGUAGE FOR COMPREHENSIVE PLAN AMENDMENTS
DATE: MARCH 22, 1994
Please note DCA's comments re ordinance language for the
effective date of adoption of comprehensive plan amendments. The
new language needs to be incorporated in future ordinances.
Thanks.
,.. i~,~ ~,~II II
PLANNING & ZONING
STATE OF FLORIDA ..~
DEPARTMENT OF COMMUNITY AFFA,I~$
[AWTON CHILES ~ ~. ~ ..... , .. ~ ~ -'
Coverer
The Honorable Thoma~ E. L~ch ~.~
Mayor of Delray Beach
City of Delray Beach
100 No~hwest First Avenue
Delray Beach, Florida 33444
Dear Mayor Lynch=
The Depa~ment has completed its review of the adopted
Comprehensive Plan ~en~ent (Ordina~ce Nos. 6~-93, 68-93,
69-93, 70-93, 71-9~, 7~-93, 75-9~, 76-93, 80-93, and 81-93 ~
DCA No. 93Sl) for ~e City of ~lray ~ach, as adopted on
Dece~er 7, 1993 and dete~ined that it meets the re~ire-
ments of Chapter 163, Pa~ II, Florida Statutes, for compli-
ance, as defined in S~section 163.31S4(1)(b). ~e
ment is issuing a Notice of Intent to find ~e plan amend-
ment In Compliance. ~e Not~ce of Inter has been sent to
the News for p~lication on March 20, 1994.
Please note that a copy of the adopte~ City of ~lray
Beach Comprehensive Plan ~en~ent, and the Notice of Intent
must be avail~le for p~lic inspection Monday ~rough Friday,
except for legal holi~ays, during no~al businees ho~s, at the
City of Delray Beach City Hall, Placing Zoning ~pa~ment, 100
No~hwest 1st Avenue, ~lray Beach, Florida 33444.
The adoption ordinances for ~ie ~en~ent, Ordinanc. No~.
67-9~, 68-93, 69-93, 70-9~, 71-9~, 73-9~, 75-93, 76-93, 80-93,
and 81-9~ do not cite ~e correct section of ~apter 163, F.S.,
as amended, for the effective date of ~e plan ~~ent. ~cal
gove~ents are bo~d by the effective date provisions of Section
163.3189(2) (a), F.S. The City of ~lray ~ach mus~ ensure
all adoption ordinances are consis~en~ wi~ ~ese provisions.
2he fO~~~ ~ 2he adopt[~~-al ~ired b~
EMERGENCY MANAGIMENT · HOUSING AND COMMUNITY DEVELOPMINT · RESOUICF H. ANNING AND MANAGEMENT
The Honorable Thomas E. Lynch
March 18, 1994
Page Two
Statues, whichever occurs earlier. No developBen~ orders,
development per. its, or land uses dependant on this a~end-
ment~ay be issued or c~ence~fore it has become effec-
tive. If a final o~er o~ n~l~ce
effec~ive I~tue, a ~ or,ich resolutions shall ~ sen=
to ~e ~~n2 off C~i~Affaire, ~reau of ~al
Pl~i~, 2749 ~te~i~ ~i~, ~11~assee, Florida 32399-
2109.
~her, the Depa~ent's notice of intent to find a plan
amen~ent in compliance shall be deemed to be a final order
no timely petition challenging
affected person, ~ay file a petition wi~ the agency wi~in 21
days after ~e p~lication of ~e notice of inten~ pursuant to
Chapter 163.3184(9), F.S.
~ adopted ~en~ent whose effective date is delayed by
law shall be considered pa~ of the adopted plan ~til dete~in-
ed to be not in compliance by final order of ~e A~inistra~ion
Co~ission. Then, it shall no longer be pa~ of ~e adopted plan
unless the local gove~ent adopts a resolution affixing its ef-
fectiveness in the maker provided by law. Again, no development
order may be authorized ~til ~e effective date is dete~ined.
If you have any ~estions, please contac~ me, Maria ~adal,
Plan Review A~inistrator, or. Suza~e ~lla~y Wo~cock, Planning
Manager, at (904) 487-4545.
Sincerely,
~arle~ ~. Pa~t~on, Director
Division of Resource Planning
and Management
CGP/ddw
Enclosure: Notice of Intent
David Kovacs, Director of Planning
Daniel M. Ca~, Executive Director, Treasure Coas~ Regional
Planning Co~cil
CITY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will .be held on the following proposed ordinance at
7:00 P.M. on TUESDAY, MARCH 22, 1994 (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. 7-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF
NORTH FEDERAL HIGHWAY APPROXIMATELY 240 FEET NORTH OF
N.E. 14TH STREET, AND BEING 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; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN
THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID
LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, R.I. and Darleen M. Smith are the fee-simple owners
of a parcel of land located on the west side of North Federal Highway
approximately 240 feet north of N.E. 14th Street, as the same is more
particularly described herein; and
WHEREAS, the City of Delray Beach, Florida, has initiated
annexation proceedings, pursuant to Florida Statute 171.046(2) (a), to
include the subject property within the corporate limits of the city,
and has heretofore been authorized to annex lands in accordance with
Sections 171.044 and 171.046(2) (a) of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach, Florida;
and
WHEREAS, the subject property hereinafter described is
presently under the jurisdiction of Palm Beach County, Florida, having a
County Future Land Use Map designation of CH-5 (Commercial High
Intensity with a residential equivalent of 5 units/acre); and
WHEREAS, the advisory Future Land Use Map (FLUM) designation
for the subject property in the City of Delray Beach, Florida, is GC
(General Commercial); and
WHEREAS, the City's Future Land Use Map designation of GC
(General Commercial) is consistent with the County FLUM designation of
CH-5 (Commercial High Intensity with a residential equivalent of 5
units/acre) for the property hereinafter described; and
WHEREAS, the City's FLUM designations as initially contained
on the City's Future Land Use Map adopted in November, 1989, and as
subsequently amended, are deemed to be advisory only until an official
Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of
this proceeding, and provisions of Land Development Regulations Chapter
Two have been followed in establishing the proposed zoning designation.
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:
Lots 1 and lA, DELRAY BEACH ESTATES, as recorded in
Plat Book 21, Page 13, of the Public Records of Palm
Beach County, Florida.
The subject property being generally located on the
west side of North Federal Highway, approximately 240
feet north of N.E. 14th Street; and containing a 0.528
acre parcel of land, more or less.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 3. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected,
including the Stormwater Management Assessment levied by the City
pursuant to its ordinances and as required by Florida Statutes Chapter
197, and pers.ons residing thereon shall be deemed citizens of the City
of Delray Beach, Florida.
Section 4. That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for such
roads, alleys, or the like, unless otherwise specifically initiated by
the City pursuant to current requirements and conditions.
Section 5. That the Future Land Use Map designation of the
subject property is hereby officially affixed as GC (General
Commercial).
Section 6. That the City of Delray Beach elects to make this
small scale amendment by having only an adoption hearing, pursuant to
Florida Statutes Section 163.3187(1) (c)4.
Section 7. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in Zoning District GC (General
Commercial) as defined by existing ordinances of the City of Delray
Beach.
Section 8. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 9. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 10. That this ordinance shall become effective as
follows: As to the annexation, immediately upon passage on second and
final reading; as to the small scale land use plan amendment and zoning,
upon the issuance of a notice of intent to find the plan amendment in
compliance by the Department of Community Affairs.
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 or persons decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such person(s) will need a record of these
proceedings, and for this purpose such person(s) may need to ensure that
a verbatim record of the proceedings is made, which 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
March 12, 1994 Alison MacGregor Harty
City Clerk
CITY OF DELRAY BEACH, FLORIDA NOTICE OF ANNEXATION
ORDINANCE NO. 7-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY APPROXIMATELY
240 FEET NORTH OF N.E. 14TH STREET, AND BEING 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; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE
FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH
COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL
COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 8-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED AT 2300 NORTH FEDERAL HIGHWAY, AND BEING 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; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO'THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 9-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED AT 2300 NORTH OLD DIXIE HIGHWAY, AND BEING 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; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 10-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED AT 2512 NORTH FEDERAL HIGHWAY, AND BEING 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; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 11-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED AT 2612 NORTH FEDERAL HIGHWAY, AND BEING 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; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO AC
(AUTOMOTIVE COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 12-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED AT 2613 NORTH FEDERAL HIGHWAY, AND BEING 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; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 13-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED AT 2605 NORTH FEDERAL HIGHWAY, AND BEING 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; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 14-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED AT 2601 NORTH FEDERAL HIGHWAY, AND BEING 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; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 15-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED AT 2401 NORTH FEDERAL HIGHWAY, AND BEING 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; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 16-94
AN ORDINANCE OF THE CITy COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED AT 2399 NORTH FEDERAL HIGHWAY, AND BEING 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; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 17-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED AT 2213 NORTH FEDERAL HIGHWAY, AND BEING 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; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 18-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED AT 2101 NORTH FEDERAL HIGHWAY, AND BEING 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; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE
PROPERTIES TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL
DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A
COPY OF EACH OF THE ORDINANCES 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 ordinances and complete legal descriptions of the
properties 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, MARCH 22, 1994, AT 7:00 P.M. (or at any
continuation of such meeting which is set by the Commission), at
which time the ordinances 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 or persons decides to appeal
any decision made by the City Commission with respect to any
matter considered at this meeting or hearing, such person(s) will
need a record of these proceedings, and for this purpose such
person(s) may need to ensure that a verbatim record of the
proceedings is made, which 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
March 12, 1994 Alison MacGregor Harty
March 19, 1994 City Clerk
N. FEDERAL UNINCORPORATED ENCLAVES
PROPOSED FOR ANNEXATION
t. EOF. ND
A. 7-94
B. 8-94
C. 9-94
D. 10-94
F. 11-94
F. 12-94
G. 13-94
H. 1¢-94
I. 15-94
J. 16-94
K. 17-94.
L. 18-94
N
CITY OF DELAAY BEACH
[:)ELa~Y, BEAoCH
.... '~00 ~ ,N 1~ AVE%t.,E · DELRAY BE,~CN, ,=LO,R/DA 3~.?~ · 407/243.7000
199)
TO: DI~IBUTI.~N LIST
DORLING
FROM: PAUL , IOR PLANNER
DATE: MARCH 23, 1994
SUBJECT: FEDERAL HIGHWAY ENCLAVE ANNEXATIONS
On March 22, 1994, the City Commission approved on second and final
reading ordinances annexing 12 enclaves in the North Federal area.
Six of these enclaves were annexed immediately and include
properties labeled as A, D, G, H, I, and K on the attached map.
Properties labelled B, C, B, F, J, and h were annexed wA=h an
effective date of the earlier of the following; prior to effective
date of any modification to the ELMS legislation which would
prohibit annexation of these enclaves or March 1, 1995.
The attached map shows the location of properties (A, D, G, H, I &
K), which are now within the murtcipal boundaries, and under
municipal Jurisdiction. The followxng da~a on each enclave As
attached for your information. An annexation brief will be
forwarded to you on parcels B,C,E,F,J,and h when these annexationl
become effective. If you have any questions please call me at ex~.
7043.
PD\leh
Attachment
THE EFFORT ALWAYS MATTERS
N. FEDERAL UNINCORPORATED ENCLAVES
LEGENO
PARCEt. ORD.~
,~ A. 7-94
,~ B. 8-94
C. 9-94
-]~ D. i0-94
E. tl-94
~ F. 12-94
,.~ G. 13-94
.~. H. 14.-94
· .~ I. 15-94
J. 16-94
4~. K. 17-94
L. 18-94
NORTH FEDERAL HIGHWAY ANNEXATION BRIEF
Property Control Numberl=
Parcel A (Lots 1 & lA, Delray Beach Estates) 00-43-46-04-08-000-0010
Parcel D (Lot 13, Delray Beach Estates) 00-43-26-04-08-000-0130
Parcel G (Lot 31, Delray Beach Estates) 00-43-46-04-08-000-0310
Parcel H (Lot 32, Delray Beach Estates) 00~43-46-04-08-000-0320
Parcel X (Westerly 225 feet of Lot 37) 00-43-46-04-08-000-0371
Parcel K (Lot 40, Delray Beach Estates) 00-43-46-04-08-000-0400
Acreaqe= See attached chart
Number of
Buildings
Taxable Value= On Site County Street Addreee
Parcel A $ 93,632 0 Vacant
Parcel D $ 161,344 2 2512 North Federal Highway
Parcel G $ 137,410 3 2605 North Federal Highway
Parcel H $ 194,466 4 2601 North Federal Highway
Parcel I $ 149,273 1 2401 North Federal Highway
Parcel K ~ 327t558 2 2213 North Federal Highway
$1,063,683
Ow~er'l Addreslll~
Parcel A Smith, R.I. & Darleen M.
610 S.~. 2nd Avenue
Pompano Beach, FL 33060
Parcel D Bland, V.C. & Christine
3 Harbour Drive North
Ocean Ridge, FL 33435
Parcel G Panagos, Richard E.
2506 North Federal Highway
Delray Beach, FL 33483
Parcel H O'Brien, Surer & OeBrien, Inc.
2601 North Federal Highway
Delray Beach, FL 33483
CITY JIF I]ELRIIV BEIICH
FIRE DEPARTMENT
MEMORANDUM
TO: PERSONS ADDRESSED
FROM: MICHAEL D. CATO, DIVISION CHIEF
DATE: MARCH 23, 1994
SUBJECT: ANNEXATIONS
The following property was annexed into the City of Delray
Beach effective March 22, 1994.
ORD. NO. ADDRESS AND DESCRIPTION
7-94 Vacant Property north o£ 2222 North Federal Hwy.
10-94 2512 North Federal Hwy.
13-94 2605 North Federal Hwy.
14-94 2601 North Federal Hwy.
15-94 2401 North Federal Hwy.
17-94 2213 North Federal Hwy.
Michael D. Cato
Division Chief
MDC/ckc
FIRE DEPARTMENT HEADQUARTERS, 101 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
4r~7,'24:7 7~00 · FAX 407/265-4660
MEMORANDUM
TO: MAYOR MD CITY CO ISSIONERS
FROM: CITY i~%NAGER
SUBJECT: AGENDA ITEM #[O ~ -'O ~ - I~ETING OF b~RCH 22, 1994
PUBLIC HEARINGS AND SECOND READINGS FOR ORDINANCE NOS.
7-94 THROUGH 18-94/NORTH FEDERAL HIGHWAY ANNEXATIONS
DATE: MARCH 18, 1994
Ordinance Nos. 7-94 through 18-94 all pertain to the City-initiated
annexation, small scale land use plan amendments and establishment of
initial zoning for the North Federal Highway enclaves. They encompass
several lots and parcels which are located on the east and west sides
of North Federal Highway, north of the Delray Swap Shop.
Prior to first reading of these ordinances, it was anticipated that an
Annexation Agreement for all but one of the parcels would be executed
by the property owner and incorporated into the' appropriate ordinance.
However, the agreements had not been finalized and were not ready for
action at first reading. In order to not delay annexation, the
ordinances were modified to delete any reference to an Annexation
Agreement and were passed on first reading at the March 8th regular
meeting. The Commission directed staff to work diligently with the
affected property owners to finalize the agreements prior to second
reading of the ordinances.
The results of that effort are outlined in the accompanying memorandum
from Lula Butler. One executed agreement has been received and is
included on the agenda for action (O'Brien, Suiter & O'Brien/Ordinance
No. 14-94). Five of the property owners have indicated they will not
sign an agreement, as follows:
** J. and Lucille Compagno (Ordinance No. 8-94)
** V.C. and Christine Bland (Ordinance No. 10-94)
** Richard E. Panagos (Ordinance No. 13-94)
** Edgar Bushey (Ordinance No. 15-94)
** Gerald J. Solomon (Ordinance No. 17-94)
The remainder of the property owners were to meet with their attorney
late on Friday afternoon. Should additional agreements be executed
subsequent to that meeting, they will be provided to you prior to the
meeting. The ordinances and the corresponding properties are
referenced on the map legend.
A detailed staff report is attached. The Planning and Zoning Board
formally reviewed these actions on February 28, 1994, and, after
hearing public comments, recommended approval on a 6 to 1 vote
(Carolyn Young dissenting).
Recommend approval of Annexation Agreements, together with Ordinance
Nos. 7-94 through 18-94, inclusive, on second and final reading.
ref:agmemo
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~l
SUBJECT: AGENDA ITEM #/~ ~-!O ~ - MEETING OF MARCH 22~ 1994
PUBLIC HEARINGS AND SECOND READINGS FOR ORDINANCE NOS.
7-94 THROUGH 18-94/NORTH FEDERAL HIGHWAY ANNEXATIONS
DATE: MARCH 18, 1994
Ordinance Nos. 7-94 through 18-94 all pertain to the City-initiated
annexation, small scale land use plan amendments and establishment of
initial zoning for the North Federal Highway enclaves. They encompass
several lots and parcels which are located on the east and west sides
of North Federal Highway, north of the Delray Swap Shop.
Prior to first reading of these ordinances, it was anticipated that an
Annexation Agreement for all but one of the parcels would be executed
by the property owner and incorporated into the appropriate ordinance.
However, the agreements had not been finalized and were not ready for
action at first reading. In order to not delay annexation, the
ordinances were modified to delete any reference to an Annexation
Agreement and were passed on first reading at the March 8th regular
meeting. The Commission directed staff to work diligently with the
affected property owners to finalize the agreements prior to second
reading of the ordinances.
The results of that effort are outlined in the accompanying memorandum
from Lula Butler. One executed agreement has been received and is
included on the agenda for action (O'Brien, Suiter & O'Brien/Ordinance
No. 14-94). Five of the property owners have indicated they will not
sign an agreement, as follows:
** J. and Lucille Compagno (Ordinance No. 8-94)
** V.C. and Christine Bland (Ordinance No. 10-94)
** Richard E. Panagos (Ordinance No. 13-94)
** Edgar Bushey (Ordinance No. 15-94)
** Gerald J. Solomon (Ordinance No. 17-94)
The remainder of the property owners were to meet with their attorney
late on Friday afternoon. Should additional agreements be executed
subsequent to that meeting, they will be provided to you prior to the
meeting. The ordinances and the corresponding properties are
referenced on the map legend.
A detailed staff report is attached. The Planning and Zoning Board
formally reviewed these actions on February 28, 1994, and, after
hearing public comments, recommended approval on a 6 to 1 vote
(Carolyn Young dissenting).
Recommend approval of Annexation Agreements, together with Ordinance
Nos. 7-94 through 18-94, inclusive, on second and final reading.
ref:agmemo
N. FEDERAL UNINCORPORATED ENCLAVES
PROPOSED FOR ANNEXATION
~ i LEGEND
i P~C.__..~_~ ORO.#
, A. 7-94
D. 10-g4
F'. 11-94
F. 12-g4
G. 15-g4
H. 14.-g4,
I. 15-g4
II II I
MEMORANDUM
ALLISON HARTY, CITY CLERK
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN
RE: ANNEXATION A~REEMENTS/NORTH F]~DERAL HIGHWAY~/
DATE: MARCH 18, 1994
I have been working very hard to get you executed agreements from
the property owners on North Federal Highway. They have elected
to hire an attorney which has complicated matters. I have one
executed agreement, O'Brein, Suiter and O'Brien, 2601 North
Federal Highway. There are some property owners who have stated
that under no circumstance will they be executing the proposed
agreement. These properties are as follows:
(1) V.C & Christine Bland
2512 N. Federal Hwy (lot 13)
(2) Richard Panagos
2605 N. Federal Hwy (lot 31)
(3) Edgar Bushey
2401 N. Federal Hwy (lots 37.1 &37)
{4) Joseph & Lucille Compagno
2300 N. Federal Hwy (lot 5)
(5) Gerald J. Solomon
2213 N. Federal Hwy (lot 40)
Ail other property owners have indicated that they may execute
their agreements after hearing what their attorney has to say at
4:00PM today.
Annex/file
CITY COMMISSION DOCUMENTATION
TO: ~VI%T. H~DEN, CITY MANAGER
THRU: ~D~~EDOMI PLANNER
FROM: PAUL DORLIN,~ENIOR PLANNER
SUBJECT: MEETING OF MARCH 8, 1994
ANNEXATIONS, SMALL SCALE LAND USE PLAN AMENDMENTS FROM
COUNTY CH/5 (COMMERCIAL HIGH INTENSITY-RESIDENTIAL
EQUIVALENT OF § UNITS PER ACRE) AND C\5
(COMMERCIAL-RESIDENTIAL EQUIVALENT OF 5 UNITS PER ACRE) TO
A CITY FUTURE LAND USE DESIGNATION OF GC (GENERAL
COMMERCIAL) AND INITIAL ZONINGS OF GC (GENERAL COMMERCIAL)
IN PART AND AC (AUTOMOBILE COMMERCIAL) IN PART FOR
ENCLAVES LOCATED ON NORTH FEDERAL HIGHWAY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance annexing the north
Federal Highway Enclaves, changing the Future Land Use
designations ( County CH/5 and C/5 to City GC (General
Commercial) and applying initial zoning designations of
(General Commercial) in part and AC (Automotive Commercial) in
part.
The petition involves several lots and parcels which are
located on the east and west sides of North Federal Highway
north of the Delray Swap Shop.
BACKGROUND:
In 1993, the Florida State Legislature recognized that enclaves can
create significant problems in planning, growth management, and
service delivery, and declared that it is the policy of the State to
eliminate enclaves. To this end, the passage of ELMS III
legislation in 1993 allowed municipalities to annex enclaves under
10 acres in size through interlocal agreements with the County
having jurisdiction of the enclave (Florida Statue 171.046). At its
meeting of January 22, 1994, the City Commission considered and
approved the interlocal agreement for annexation of the enclaves.
The Board of County Commissioners will consider the interlocal
agreement at its March 15, 1994 meeting. Although the properties
would become annexed via the interlocal agreement the formal
annexation of the properties by individual ordinance is also being
undertaken.
City Commission Documentation
Annexations and Initial Zoning of the North Federal Enclaves
Page 2
The City Commission initiated the Small Scale Comprehensive Plan
Amendments and initial zonings for the North Federal Highway enclave
area at its meeting of February 8th, 1994.
PROJECT DESCRIPTION:
The subject properties include Lots 1, 5, 5.1, 13, 14.2, 16, 30, 31,
32, 37.1, 37, 38, 40, and parcels 504 and 504.1 as indicated on the
Palm Beach County Property Appraisers map. The 15 different lots
and parcels comprise 10 different businesses, 3 residences with
homestead exemptions, 7 other residences, 2 vacant properties, and 6
boarded up structures.
The County's Land Use Designation for Lots 1, 5, 5.1, 40 and parcel
504, & 504.1 is CH/5 (Commercial High Intensity - Residential
equivalent of 5 units per acre). The County's land use designation
for the balance of the lots is C/5 (Commercial - Residential
equivalent of 5 units per acre). The existing County zoning
designation for all properties is CG (Commercial General).
The proposed Small Scale Land Use amendments will be from the
current County designations of CH\5 and C\5 to the City land Use
designations of GC. The proposed initial City zoning designation is
(GC) General Commercial for all lots and parcels except Lots 14.2
and 16. The proposed initial zoning designation for Lots 14.2 and
16 is AC (Automobile Commercial). See attached maps for specific
identification of the parcels.
The City's current advisory Future Land Use Map (FLUM) designation
for all properties is "General Commercial". This designation is
consistent with C/5 (Commercial) and CH/5 (Commercial High
Intensity). The City's FLUM designations as initially contained on
the City's Future Land Use Map adopted in November, 1989 (and as
formally subsequently amended) are deemed to be advisory only until
official Land Use Amendments replacing the County Land Use
designations with City Land Use designations are processed.
The Land Use Plan amendments are being processed as Small Scale
Developments pursuant to Florida Statutes 163.3187 (1)(c)(1). This
Statute allows Future Land Use Map amendments that are directly
related to proposed small scale development activities, to be
approved without regard to statutory limits on the frequency of
consideration of amendments (twice a year), subject to the following
conditions:
* The amendment does not exceed either 10 acres of
nonresidential land, or 10 acres of residential land with a
density of 10 units per acre or less;
* The cumulative effect of the amendments processed under
this section shall not exceed 60 acres annually;
* The proposed amendment does not involve the same property
owner's property within 200' of property granted a change
within a period of 12 months.
City Commission Documentation
Annexations and Initial Zoning of the North Federal Enclaves
Page 3
The individual enclaves do not exceed the maximum 10 acre limit.
The parcels range in size from .307 to 3.115 acres with a combined
total acreage of 12.155 acres. These parcels combined with other
small scale amendments processed this year will not exceed 60 acres.
The property has not previously been considered for a land use
amendment, nor has the same property owners been granted a land use
change within 200 feet or within the last year. Thus, these
properties meet the conditions for processing a small scale
amendment.
Individual annexation agreements which specify allowable uses and
required improvements for each of the affected properties have been
negotiated with property owners. These agreements will be adopted
along with the annexation ordinances.
For a full analysis please of the annexation, rezoning, and land use
changes, see the attached Planning and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed the annexations,
Small Scale Land Use amendments and initial zoning requests at the
regular meeting of February 28, 1994. Three of the affected
property owners spoke during the public hearing on the item. The
owner of Lots 37 and 38, asked for clarification of required
landscaping and other improvements. Ms. Catapane, owner of Lot 30,
is opposed to the annexation because of the increased costs. She
feels the action should be postponed pending the outcome of State
Legislation to change the enclave provisions. Thomas Schwerin,
(Lots 14.2 & 16) stated that he has had unsatisfactory experience
with City services in the past. After taking public comments the
Planning and Zoning Board recommended approval on a 6-1 vote
(Carolyn Young dissenting).
RECOMMEND ED ACTION:
By motion, approve the annexation ,Small Scale Land Use Plan
amendments (from County CH/5 and C/5 to City GC), and initial
zonings (GC and AC in part) on first reading for each of the North
Federal Highway enclaves.
Attachment:
* P&Z Staff Report & Documentation of 2/28/94
* Maps
* Ordinances by others
t:ccdocfed.doc
· PLANNING AND ZONING BOARD
CITY OF DELRAY BE,-,CH ,, --- b,~AFF REPORT ........
MEETING DATE: FEBRUARY 28, 1994 "~
AGENDA ITEM: IV.B. ,~. c
ITEM: ANNEXATION, SMALL SCALE PLAN AMENDMENTS, AND ZONING FOR
ENCLAVES ALONG NORTH FEDERAL HIGHWAY
GENERAL DATA:
Owners ................... 14 individual property
owners.
Applicant ................ David Harden,
City Manager
City of Delray Beach
Location ................. South of Gulfstream
Boulevard, on the east
and west sides of Federal
Highway.
Property Size ............ 12.16 Acres
City Land Use Plan ....... General Commercial
County Land Use Plan ..... CH-5 (Commercial High
Intensity with a
residential equivalent
of 5 units/acre) and
C-5 (Com~ercial with a
residential equivalent
of 5 units/acre)
Current County Zoning .... CG (Commercial General)
Proposed City Zoning ..... GC - 13 parcels and
AC (Automotive Commercial)
- 2 parcels
Adjacent Zonlng...North: C-3 (General Commercial
- Boynton Beach) and GC
(Delray Beach)
East: RS (Single Family
Residential - Town of
Gulfstream), GC, and AC
South: GC and AC
West: MIC (Mixed Industrial
and Commercial),
CF (Community Facilities),
and BM (Multiple Family
Residential - Medium Density)
Existing Land Use ........ Various commercial and
residential uses, and
vacant land.
Water Service ............ Existing 12" water main
along the east side of
Federal Highway.
Sewer Service ............ Existing 8" sewer main N
along east side of
Federal Highway.
IV.B.
ITEM BEFORE THE BOARD=
The item before the Board is that of making a recommendation on
City initiated annexations [pursuant to Florida Statute 171.046
(2)(a)], Small Scale Land Use Plan amendments from County C\5
(Commercial\residential equivalent 5 units per acre) and CH\5
(Commercial High Intensity \residential equivalent 5 units per
acre) to City GC (General Commercial) and initial zonings of GC
(General Commercial) and AC (Automobile Commercial).
LDR Sections 2.4.5 (A),(C) and (D) provide rules and procedures
for the processing of this petition.
The subject properties are located on the east and west sides of
North Federal Highway north of N.E. 21st Street (extended) and
hereafter referred to as the North Federal Highway corridor.
BACKGROUND:
The North Federal Highway corridor contains a group of County
enclaves which are surrounded by three municipalities, Boynton
Beach on the north, Gulfstream on the east, and Delray Beach on
the south and west. The area has been a subject of concern to
the City for many years. Problems with abandoned buildings,
undesirable uses, drug sales and prostitution have plagued the
area.
The City attempted to annex three areas by referendum in 1985.
Two of those annexations were defeated, one of those being the
North Federal Highway area (from S.W. 8th Avenue north to
approximately Gulfstream Boulevard). The City and a group of
concerned citizens (both residents and nonresidents )
subsequently proposed adoption of the Delray Beach Enclave Act
by the Florida State Legislature. During adoption of the act
in 1986, a few areas were specifically excluded. The North
Federal Highway corridor, from Delray Drive-in north, in which
these annexations are proposed is one of those areas; the other
is the Hardrives property on South Congress Avenue. The
unincorporated area south of the Drive-in was subject to the
Enclave Act and was annexed into the City in December 1988.
In early 1989 the City desired to annex the remaining properties
in the North Federal Highway corridor to square off the City
boundary, eliminate unincorporated properties, and affect
positive socioeconomic change in the area through increased code
and law enforcement activities. An annexation strategy was
devised to facilitate voluntary annexation of the 31
unincorporated lots within the North Federal Highway corridor.
On February 28, 1989 the City Commission provided direction to
the administration to proceed with the voluntary annexations.
P&Z Staff Repor~
North Federal Highway Annexations
Page 2
In March, 1989 the unincorporated property owners were asked to
join in on a voluntary annexation of their properties which
included a waiver of annexation fees. Sixteen lots were
included in the ensuing annexation (7 lots via water service
agreement, 8 lots via voluntary annexations, and 1 city owned
lot - bookstore). The Planning and Zoning Board considered and
recommended approval of the annexations on July 17, 1989. The
City Commission approved the annexations on first reading on
July 25, 1989 and on second reading on August 22, 1989 via
Ordinance 43-89 and 49-89 (Bookstore).
In 1993, the Florida State legislature recognized that enclaves
can create significant problems in planning, growth management,
and service delivery, and declared that it is the policy of the
State to eliminate enclaves. To this end, the passage of ELMS
III legislation in 1993 allowed municipalities to annex enclaves
under 10 acres in size through interlocal agreements with the
county having Jurisdiction of the enclave (Florida Statue
171.046).
An interlocal agreement for the North Federal enclaves was first
scheduled before the City Commission on November 23, 1993, but
was deferred in order that discussions could be held with the
owner of the Delray Swap Shop property. These discussions have
been pursued and annexation of the Delray Swap Shop is being
handled by separate annexation agreement. At its meeting of
January 11, 1994, the City Commission considered and approved
the interlocal agreement for the enclaves. The Board of County
Commissioners will consider the interlocal agreement at its
March 15, 1994 meeting.
Although the properties would become annexed via the interlocal
agreement the formal annexation of the properties is being
undertaken. The City Commission initiated associated Small
Scale Comprehensive Plan Amendments and initial zonings at the
meeting of February 8, 1994. The annexations, small scale
amendments and initial zonings for the enclaves on North Federal
Highway are now before the Board.
PROJECT DESCRIPTION.'
The subject properties includes lots 1, 5, 5.1, 13, 14.2, 16,
30, 31, 32, 37.1, 37, 38, 40 and parcels 504 & 504.1 as
indicated on the Palm Beach County property appraisers maps.
The 15 different lots and parcels comprise 10 different
businesses, 3 residences with homestead exemptions, 4 other
residences, 2 vacant properties and 6 boarded up structures.
See the attached map for the specific identification of the
parcels. See the attached maps for the specific identification
of the parcels.
The proposed Future Land Use designations for all 15 lots and
parcels is General Commercial. The proposed initial zoning
designation is GC (General Commercial) for all lots and parcels
except Lots 14.2 and Lot 16. The proposed initial zoning
designation for Lots 14.2 and 16 is AC (Auto Commercial).
P&Z Staff Report
North Federal Highway Annexations
Page 3
The area being annexed will include the adjacent 1/2 of Federal
Highway right-of way and the adjacent full right-of-way of the
adjacent Dixie Highway.
ANNEXATION ANALYSIS:
Florida Statutes Governing Annexations:
Pursuant to Florida Statute 171.046 "Annexation of Enclaves"
(1) The Legislature recognizes that enclaves can create
significant problems in planning, growth management, and
service delivery, and therefore declares that it is the
policy of the state to eliminate enclaves.
(2) In order to expedite the annexation of enclaves of 10
acres or less into the most appropriate incorporated
jurisdiction, based upon existing or proposed service
provision arrangements, a municipality may:
(a) Annex an enclave by interlocal agreement with the
county having jurisdiction of the enclave; or
(b) Annex an enclave with fewer than 25 registered voters
by municipal ordinance when the annexation is approved
by a referendum by at least 60 percent of the
registered voters who reside in the enclave.
The subject enclaves are in the City's utility service area and
the City has chosen option 2 (a) to annex the properties. The
City Commission approved an interlocal agreement between the
City and Palm Beach County at the January 11, 1994 meeting. The
Board of County Commission will hear the interlocal agreement
request at it's March 15,1994 meeting. Although pursuant to
Florida Statute 171.046 the properties under the interlocal
agreement would appear to be annexed upon approval of the
interlocal government, the formal annexation of the lots and
parcels is being undertaken.
Pursuant to F.S. 171.043 a municipal governing body may propose
to annex an area only if it meets the general standards of F.S.
171.043 (1)&(2);
(1) The total area to be annexed must be contiguous to
the municipality' s boundaries at the time the
annexation proceeding is begun and reasonably compact,
and no part of the area shall be included within the
boundary of another municipality.
(2) Part or all of the area is to be developed for urban
purposes. An area developed for urban purposes is
defined as any area which meets the following
standards;
It is so developed that at least 60 percent of
the total number of lots and tracts in the area
P&Z Staff Repor*
North Federal Highway Annexations
Page 4
at the time of annexation are used for urban
purposes, and it is subdivided into lots and
tracts so that at least 60 percent of the total
acreage, not counting the acreage used at the
time of annexation for nonresidential urban purposes
consists of lots of 5 acres or less in size.
The total area is contiguous to the City boundaries, reasonable
compact, and is not in the boundaries of another municipality
and meets the definition of developed for urban purposes.
Land Development Regulations governing annexations:
Pursuant to Land Development Regulation Section 2.4.5 (C)(1)
"the City can initiate an annexation of private property
pursuant to Florida Statutes".
COMPREHENSIVE PLAN ANALY8 I 8:
Consistency between the City and County Land Use .Map
Designations:
The City's current Future Land Use Map designation for all
properties is "General Commercial". The County's Land Use
Designation for Lots 1, 5, 40 and parcel 504, & 504.1 is
CH/5 (Commercial High Intensity - Residential equivalent of
5 units per acre). The County's land use designation for
the balance of the lots is C/5 Commercial - Residential
equivalent of 5 units per acre.
The City's "General Commercial" Land Use Designation is
consistent with C/5 (Commercial) and CH/5 Commercial High
Intensity ). The City's FLUM designations as initially
contained on the City's Future Land Use Map adopted in
November, 1989 (and as formally subsequently amended) are
deemed to be advisory only until an official Land Use
Amendment is processed.
Adjacent Land Use Map designations and Land uses:
The surrounding Land Use Map designations to the west are
Commerce, Community Facilities, and Medium Density
Residential (City) and to the east is Low Density
Residential (Town of Gulfstream). The land use
designations to the south are General Commercial and
General Commercial with a Large Scale Mixed Use overlay
(City) and Commercial to the north (Palm Beach County).
P&Z Staff Report .
North Federal Hlghway Annexations
Page 5
The existing Land Uses are "Residential" (Place Au Soleil)
to the east, commercial uses (Delray Swap Shop and Kentucky
Fried Chicken restaurant) to the south, commercial uses
(Mahady office building and a vacant garage operation) to
the north, and industrial, conmmunity facility and
residential (warehouse, Atlantic High School and
multiple-family residential) uses to the west.
Consistency with the City's Compreheneive Plan:
Designated Annexation Area: The territory to be annexed is
located within "designated annexation area No. 1" on the east
and west sides of North Federal Highway north of N.E. 21st
Street (extended). 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 E1 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 more manpower
to respond in this area; 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 south, east,
and west of the enclaves.
Fire and Emergency Services: The annexation of this area will
not require additional manpower. The municipal area is served
by Fire Station No. i (West Atlantic Avenue).
With annexation, the property will receive an improvement in
response time from the current 8 1/2 minutes of the County Fire
Department (Indiansprings Station / Military Trail & Gulf Road)
to approximately 4 minutes for the City's Fire Department (Fire
Station No %1 West Atlantic Avenue).
P&Z Staff Report
North Federal Highway Annexations
Page 6
Water: A 12" water main exists along the east side of Federal
Highway and extends north to Gulfstream Boulevard. As part of
scheduled Enclave Phase 2 improvements, which are scheduled to
commence construction on March 1, 1994, an 8" water main is to
be extended west along Gulfstream Boulevard past Dixie Highway.
At Dixie Highway an 8" main will be installed south along the
east side of Dixie Highway connecting with an existing 8" main
located at the Kentucky Fried Chicken Restaurant.
Fire suppression is provided along the east side of Federal
Highway by existing fire hydrants which where installed with the
water main. While the maximum 300' commercial spacing is
not met in certain areas, the required spacing will be achieved
as a condition of new development and redevelopment. A maximum
fire hydrant spacing of 300' will be provided along Dixie
Highway as a part of water main improvements associated with the
Enclave Phase II improvements.
Sewer: A 10" gravity sewer main runs along the east side of
Federal Highway from Gulfstream Boulevard south to the Swap
Shop. At that point the main extends under Federal Highway and
into Lift station 10A located north of the Kentucky Fried
Chicken Restaurant. The sewage is then transported via a 6"
force main north and west into a manhole at the northeast corner
of the Seacrest Park subdivision. The Enclave Phase II
construction will include installation of an 8" sewer main along
Dixie Highway from Gulfstream Blvd. south to the Kentucky Fried
Chicken Restaurant. With the installation of this improvement
sewer service will be available to all enclaves.
In reviewing the sewer mains within the North Federal Annexation
area, it is noted that a portion of the existing 8" sewer main
extends across Lots 1-4 for which no easement is in place. With
future development on these parcels easements should be
obtained.
Streets: Enclaves within the North Federal Highway Annexation
Area have direct access from two roadways, Federal Highway and
Dixie Highway. Federal Highway is under the Jurisdiction of the
FDOT (Florida Department of Transportation) and Dixie Highway is
under the jurisdiction of the City of Delray Beach. The
jurisdictional responsibility and the associated maintenance
responsibility will not change for either street upon
annexation.
Parks and Open Space: The annexation of the commercial
properties will not create additional impacts on park and
recreational facilities. It is noted that the enclaves contain
a few residential uses which will have little significance on
park demands. No park deficiencies are noted for this area in
the plan.
P&Z Staff Report
North Federal Highway Annexations
Page 7
Financial Impacts~
Effect Upon Annexed Property:
For the 1993 tax year the Federal Highway Enclaves had a
combined assessed value of $2,770,721.00. There are three
properties (lot 5.1, 14.2, & 37.1) which qualify for a homestead
exemption representing a reduction in taxable assessed value of
$75,000 leaving a net taxable value of $2,695,721.
With the change from County to City jurisdiction, the following
taxes and rates will be affected:
Ad Valorem Taxes ~illage With Annexation
Fire /Rescue MSTU 2.6201 Deleted (County)
Library .3915 Deleted (County)
City Of Delray Beach 6.8600 Added (City)
City of Delray Beach Debt 1.1400 Added (City)
4.9884 Difference*
* Total tax millage in the County is 20.0772 mills while in
the City the total millage rate is 25.0656 mills.
The tax increase for the individual enclave property owners will
range from $252.97 (Lot 5.1) to $2,038.49 a year (Lot 38).
In addition to property taxes, the following Non Ad Valorem
fiscal impositions apply:
Delray Beach Stor~ Water Utility - This City assessment will be
approximately $ 2,577.76 based upon the combined impervious area
of the buildings parking areas etc. Properties within the North
Federal Highway area do not qualify for the 25% discount for
private streets or 25% discount for being within the L.W.D.D.
The yearly storm water assessment fee for the enclave properties
will range from approximately from $17.11 (Lot 1) to $327.15
(Lot 38).
Solid Waste Authority - The North Federal Highway area is
currently serviced by South Florida Sanitation, which is under a
five year contract that runs from October 1, 1993 through
September 30, 1998. The City's contract is currently through
Waste Management, Inc. Pursuant to Florida Statute 171.062
(4)(a) "if a party has an exclusive franchise which is in effect
for at least six months prior to the initiation of an
annexation, 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". The annexation will be
consummated prior to the minimum six month period so the waste
service provider will change with the annexation.
P&Z Staff Report
North Federal Highway Annexations
Page 8
The flat rates for commercial properties will remain the same at
.064 per sq.ft, of building area. These flat fees cover
disposal and the base fee only. Collection rates will be
negotiated with Waste Management on an individual basis, and
will vary depending on dumpster size and frequency of pick up.
Residential rates will increase from the current $129.00 to
$161.64 (a difference of $34.64 a year).
Water/Sewer Rate Reductions - Two properties (Lot 40 & Lot 30)
have municipal water and sewer. These properties are charged
out-of-city water and sewer rates which contain a 25% surcharge.
Upon annexation, both the properties receive an average
reduction of $7.55 a month or $ 90.60 annually in their combined
utility bills (based on their unit average of 2,000 gallons per
month).
Occupational License Fees - Upon annexation the businesses will
require City of Delray Beach Occupational licenses. These
licenses will be in addition to the current County licenses.
The City licence fees will range from $80.00 for antique and
retail stores, $100.00 for business offices, $150.00 for auto
sales, to $150.00 (clothing only) and $375.00 (furniture) for
second hand sales.
Resulting Impacts to Property Owners:
TABLE A
IMPACT ON PROPERTIES IN FEDERAL HIGHWAY CORRIDOR
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(1993/94 county rate 20.0772 mills/ City 93/94 rate
of 25.0656 mills. Difference of 4.9884 mills.
Property Ass.value County City Difference
Lot 1 $93,632 $1,879.86 $2,346.94 $ 467.08
Lot 5 $75,050 $1,506.79 $1,881.17 $ 374.38
Lot 5.1 $75,710, $1,018.11 $1,271.08 $ 252.97
Lot 13 $161,344 $3,239.34 $4,044.18 $ 804.84
Lot 14.2 $200,000* $3,513.51 $4,386.48 $ 872.97
Lot 16 $352,500 $7,077.21 $8,835.62 $1758.41
Lot 30 $145,929 $2,929.84 $3,657.80 $ 727.96
Lot 31 $137,410 $2,758.81 $3,444.26 $ 685.45
'Lot 32 $194,466 $3,904.33 $4,874.40 $ 970.07
Lot 37 $118,350 $2,376.14 $2,966.51 $ 590.37
Lot 37.1 $174,273- $2,996.98 $3,741.62 $ 744.64
*homestead exemption
P&Z Staff Report
North Federal Highway Annexations
Page 9
TABLE A
IMPACT ON PROPERTIES IN FEDERAL HIGHWAY CORRIDOR (CONT)
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(1993/94 county rate 20.0772 mills/ City 93/94 rate
of 25.0656 mills. Difference of 4.9884 mills.
~Property Ass.value County City Difference
Lot 38 $408,647 $8,204.49 $10,242.98 $2038.49
Lot 40 $327,558 $6,576.45 $8,210.44 $1633.99
'Parcel 504 $173,955 $3,492.53 $4,360.29 $ 867.76
Parcel 5041 $131,897 $2,648.12 $3,306.08 $ 657.96
NON AD VALOREM
...... Yearly Yearly
Property Stormwater Assessment Sewer & Water saving:
~Lot 1 (0%) $17.11 NA
ILot 5 (100%) $144.99 NA
Lot 5.1 (50%) $72.22 NA
!Lot 13 (70%) $295.07 NA
Lot 14.2 (65%) $319.24 NA
Lot 16 (5%) $48.72 NA
Lot 30 (70%) $175.86 $90.60
Lot 31 (70%) $201.87 NA
Lot 32 (70%) $227.56 NA
Lot 37 (0%) $18.14 NA
Lot 37.1 (35%) $85.79 NA
Lot 38 (60%) $327.15 NA
Lot 40 (35%) $216.36 $90.60
Parcel 504 (50%) $150.66 NA
Parcel 5041 (75%) $277.02 NA
( ) approximate percent impervious
P&Z Staff Report
North Federal Highway Annexations
Page 10
SERVICE CONSIDERATIONS=
FIRE RESPONSE + Faster response time from
8 1/2 minutes (County) to
4 minutes (City).
EMS + Faster response time from
8 1/2 minutes (County) to
4 minutes (City).
POLICE Better response based upon
more officers in field.
CODE ENFORCEMENT Pro-active verses reactive
opportunity to work with
property
Fiscal Impacts to the City: At the 1993 City operating millage
rate of 6.86 mills and debt rate of 1.14 mills, the properties
will generate approximately $21,565.77 in ad valorem taxes per
year. These properties are within the Community Redevelopment
Area and as such the City will receive taxes on the value of the
property in the base year 1985 in which the CRA was established.
Ninety five percent of all subsequent increases in property
vaules would be paid to the CRA as Tax Increment Financing.
While the 1985 property values are not yet available they are
anticipated to be fairly close to the current values.
The enclave properties contain some residential units ( Lot 5.1,
Lot 14.2, Lot 30, Lot 37.1 Lot 40). Lots 5.1, 14.2 and 37.1
qualify for homestead exemptions. The annexation of the area
will add approximately 6 full time residents to the City. This
population is calculated using the 2.17 (City average persons
per household) multiplied by the number of homestead exempted
properties). The increase of 6 persons will result in a per
capita revenue gain of approximately $541.68 ($90.28 per
person). The major sources of per capita reimbursements are
from cigarette tax, sales tax, and state revenue sharing funds.
Additional revenues will be realized through the annual
collection of the stormwater assessment fee ($ 2,577.76
annually) as well as occupational license fees (approximately
$1,180 annually), utility taxes (9.5% electric, 7% telephone)
and franchise fees on electric, telephone and cable.
The City Utility Fund will realize a revenue loss of $181.20
with the elimination of the City water and sewer 25% surcharge
assessed on out-of-city utility users.
P&Z Staff Report
North Federal Highway Annexations
Page 11
TABLE D
COMBINED FINANCIAL IMPLICATIONS TO THE CITY
GENERAL FUND
AD VALOREM TAXES $21,565.77
PER CAP REIMBURSEMENTS: $541.68
UTILITY TAXES:
Electric (1): NA
Natural gas (2): .00
Phone (3): +$276.70
FRANCHISE FEES:
Electric (4): NA
Phone (5): +$39.53
Natural Gas (6): .00
Cable (7): .00
OCCUPATIONAL LICENCE FEE :
+$1,180.00
STORMWATER ASSESSMENT UTILITY FUND
ASSESSMENTS:
Stormwater Assessment +$2,577.76
SEWER AND WATER UTILITY FUND
UTILITY SERVICE FEES: 1
Water&Sewer Utilities (8) -$181.20
ANNUAL TOTAL:I +$26,000.24
NA - Data not available (1) Electric Utility Tax based on 9.5% commercial
(2) Natural Gas Utility Taxes are based on 8.5 % of Gas bill
(3) Phone Utility Taxes are based on 7% of phone bills -
business accounts are a minimum of $36.60 / residential
acc. minimum $25.00
P&Z Staff Repor~
North Federal Hts.,way Annexations
Page 12
(4) Electric Franchise fees based on 6% of FPL bills
(5) Phone Franchise fee based on 1% of phone bill
(6) Natural Gas Franchise fees are based on 5 % of gas bill
(7) Cable Franchise Fees are based on 3% of cable bill
(8) Represents loss of 25% surcharge assessed out of City
utility users
ZONING ANALYSIS:
The proposed initial City zoning of the all enclaves with the
exception of Lots 14.2 & Lot 16 is GC (General Commercial). The
proposed initial zoning for Lots 14.2 and 16 is AC (Auto
Commercial). The current County zoning designations for all of
the enclaves is CG (Commercial General).
The surrounding zoning designations are MIC (Mixed Industrial
Commercial), CF (Community Facilities) and RM (Residential
Medium Density) to the west, GC (General Commercial) and AC
(Auto Commercail) to the south, CG (Commercial General-County)
to the north and RS (Residential Single Family- Gulfstream) to
the east.
The City zoning designation of General Commercial and Auto
Commercial are similar to the existing County designations and
represents the prevailing use of the properties. Upon
annexation only the City zoning designation is applicable.
R E Q u I R E D F I N D I N G S: (CHAPTER 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may
be achieved through information on the application, the Staff
Report or Minutes. Findings shall be made by the body which has
the authority to approve or deny the development application.
These findings relate to the following four areas:
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The proposed GC and AC zoning designations are consistent with
the underlying "General Commercial" Land Use Designation.
P&Z Staff Report
North Federal Hlg,~way Annexations
Page 13
To determine if the uses are allowed in the proposed zoning
districts, on-site visits of the enclave area were undertaken
and the following existing uses were identified;
Parcel 504 - Antique shop, and weekend parking lot for
swap shop,~u~%~.
Parcel 504.1 Warehouse
Lot 40 Antique shop & 1 single family residential
unit.
Lot 38 4 buildings all of which appear to be
commercial (flea market)a~~~-%~.
Lot 37.1 Store (Bushley religious supplies) and
attached residential unit.
Lot 37 vacant
Lot 32 2 office units (O'Brien Suiter and O'Brien) 1
storage building and a boarded-up residential
unit.
Lot 31 3 buildings boarded-up
Lot 30 2 buildings - commercial stores and a
residential unit
Lot 14.2 1 commercial building with sale of used cars
on front half. On the west one half of lot
14.2 residential uses consisting of 1 mobile
home, three campers, 4 houses.
Lot 16 1 commercial building, sale of used
cars and trucks (passenger), RVs, campers,
mobile homes, on approximately the front 1/3
and storage of inventory on west 1/4
Lot 13 Vacant residential unit and vacant motel
building containing 6 units.
Lot 5 Used car sales
Lot 5.1 1 residential unit.
Lot 1 Vacant
Under the GC zoning designation some of the existing uses will
be nonconforming. These will include the auto sales use on lot
5.1, warehouse use on lot 504.1, and single family detached
units which are not accessory to commercial uses (i.e for
residence by either the business owner, employees or
proprietors). Residential uses exist on lots 5.1, 14.2, 30,
37.1, and lot 40. However, at least two of the residential
units are considered conforming as the owner of the business on
Lot 37.1 (Edgar Bushley) and Parcel 504 ( Marilyn Carr) resides
on site.
Under the AC zoning designation proposed for Lots 14.2 and Lot
16, the existing mobile home sales and the residential uses will
become non-conforming.
Upon annexation, these nonconforming uses and will be allowed to
continue pursuant to the non-conforming regulations (LDR Section
1.3.5). In summary, Section 1.3.5 allows a nonconforming use to
continue as long as it is not discontinued or abandoned for a
continuous period of 180 days.
P&Z Staff Report
North Federal Hi~.lway Annexations
Page 14
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 existing
development. There will be no changes in the manner that
drainage and solid waste services will be provided.
Changes in water and sewer services will result from the
proposed installation of municipal mains. Fire, Police,
and EMS will shift to a different provider; however, all
these services will be enhanced (see annexation analysis
for details).
Compliance with Land Development Regulations:
Upon annexation the existing buildings will come under the
development regulations of the City. Compliance with the
perimeter landscape requirements adjacent all rights-of way ie
Federal Highway and Dixie Highway and the City sign code will be
required upon annexation. Any future modifications to the
sites must comply with the all regulations of the City's Land
Development Regulations.
Consistency:
Compliance with the performance standards set forth in Section
3.3.2 (Zoning), along with the required findings in Section
2.4.5, shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making of a
finding of overall consistency. The applicable performance
standards of Section 3.3.2 and other policies which apply are as
follows:
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within stable residential areas shall be
denied.
The area is not a designated residential area, thus
this standard does not apply.
B) Performance Standard 3.3.2(D) states: That the rezone
shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing
and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse
impacts from the new use.
P&Z Staff Report
North Federal Hig,lwayAnnexations
Page 15
The initial zoning designations represent the existing
commercial land uses or the most appropriate future
development direction. The commercial zoning
designations are compatible with adjacent commercial
uses.
Pursuant to Section 2.4.5(D)(1), a Justification statement
providing the reason for which the change is being sought
must accompany all rezoning requests. The Code further
identifies certain valid reasons for approving the change
being sought.
As this zoning petition involves initial zoning
designations to be assigned to properties being
annexed, the above section does not apply.
REVIEW BY OTHERS:
COMMUNITY REDEVELOPMENT AGENCY:
The proposed annexation is in the Community Redevelopment Area.
The Community Redevelopment Agency considered the request at
its meeting of February 10, 1994 and had no comments.
COUNTY NOTICE:
On February 9, 1994 the Palm Beach County Planning Division was
notified of the City's intent to annex this property. To date,
a response has not been received. The County will consider a
related interlocal agreement to annex the properties at the
Board of County Commissioners meeting of March 15, 1994.
PUBLIC NOTICE:
Certified letters of the public hearing were sent to property
owners of all enclaves proposed for annexation. In addition
notice to all properties within 500 feet was given. Courtesy
notices were also sent to Deborah Dowd (Northeast Neighborhood),
and Robert Dittman, Stanley Milosky, Loren Shaffer of the North
Federal Highway Task Team.
ASSESSMENT AND CONCLUSIONS:
Accommodating the annexation of these properties and affixing
initial City zoning designations of GC and AC is consistent with
the City's program for annexation of territory within its
Planning and Service Area. In addition, the annexations will
eliminate enclaves, which is the policy of the State under the
new Elms III legislation.
The annexed areas will experience an increase in taxes and
stormwater assessment fees. However, with the increased taxes
and fees will come better Police, Fire, EMS and Code Enforcement
services.
P&Z Staff Report
North Federal Hl~..way Annexations
Page 16
The City will receive revenue from additional property taxes,
stormwater assessment fees, per capita reimbursements and
associated utility taxes and franchise fees.
There will be a slight decrease in revenue of $ 181.20 in sewer
and water utility fees, however the increase in revenues will
result in a net increase to the City of approximately $26,000.24
a year.
A L T E R N A T I V E S:
A. Continue with direction.
B. Recommend approval of the annexation, small scale land use
amendment from CH\5 and C\5 to GC and initial zoning
of GC (General Commercial), and AC (Automobile Commercial).
C. Recommend denial of the Annexation and/or initial zonings
with the basis stated.
STAFF RECOMMENDATION:
Recommend approval of this annexation, small scale land use
amendment from CH/5 and C/5 to GC and initial zoning of GC
(General Commercial) and AC (Auto Commercial) for lots 14.2 & 16
upon positive findings with respect to Section 3.1.1, Section
3.3.2 and policies of the Comprehensive Plan and the following:
That the property is contiguous, reasonably compact and
does not create an enclave.
That services will be provided to the property in a manner
similar to other similar properties within the City.
N, FEDERAL UNINCORPORATED ENCLAVES
PR[]POSEI) FOR ANNEXATION
~ ! ENCLAVES TO BE ANNEXED.
28
ENCLAVES TO BE
ANNEXED BY AGREEMENT.
Q / G.~ . , 35.1 UNICORPORATED COUNTY,
BOYNTON BEACH.
(~ ENCLAVE NOS. 1-8
706 - LOT NUNBER
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GULF STREAM
'CHID LAHE
DI~V[
TANOERINE WAY
ANNEXATIONS
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
/
SUBJECT: AGENDA ITEM # i~ --~ ~- - MEETING OF MARCH 8, 1994
FIRST READINGS/ORDINANCE NO. 7-94 THROUGH ORDINANCE NO.
18-94
DATE: MARCH 4, 1994
Ail of the twelve (12) ordinances under First Readings pertain to
the City-initiated annexation, small scale land use plan amendments
and establishment of initial zoning for the North Federal Highway
enclaves. They encompass several lots and parcels which are
located on the east and west sides of North Federal Highway, north
of the Delray Swap Shop.
Pursuant to Florida Statute 171.046 (ELMS III legislation passed in
1993), municipalities are allowed to annex enclaves under ten acres
in size through interlocal agreements with the County having
jurisdiction over them. On January 22, 1994, the City Commission
approved the interlocal agreement with Palm Beach County. The
Board of County Commissioners will consider the agreement on March
15, 1994. Although the properties would become annexed via the
interlocal agreement, the formal annexation of the properties by
individual ordinance is also being undertaken. The City Commission
initiated this action at its meeting of February 8, 1994.
There is a separate ordinance for each property by ownership. With
one exception, an Annexation Agreement with the affected property
owners is being prepared and will be incorporated into the
ordinance. The one property which will not have an agreement is
vacant (Smith/Lots 1 & 1A/Ordinance No. 7-94). The ordinances and
the corresponding properties are referenced on the map legend. At
the time the agenda was completed, the draft agreements were still
being prepared. They will be provided to you prior to the meeting.
A detailed staff report is attached. The Planning and Zoning Board
formally reviewed these actions on February 28, 1994, and, after
hearing public comments, recommended approval on a 6 to 1 vote
(Carolyn Young dissenting).
Recommend approval of Ordinance Nos. 7-94 through 18-94, inclusive,
on first reading. If passed, public hearing .April 12,
ref:agmemo
TO: MAYOR AND CITY COMMISSIONERS
CITY ZONINGS FOR THE NORTH FEDERAL HIGHWAY ENCLAVES
DATE: FEBRUARY 4, 1994
This item' is before the Commission to formally initiate small
scale amendments to the Future Land Use Map and the imposition of
initial City zonings, upon annexation, for the North Federal
Highway enclaves. These properties are located north of the Swap
Shop on the east and west sides of North Federal Highway.
The passage of ELMS III legislation in 1993 allowed
municipalities to annex enclaves under 10 acres in size through
interlocal agreements, with the county having jurisdiction of the
enclave (Florida Statute 171.046). At its meeting of January 11,
1994, the City Commission approved the interlocal agreement for
the enclaves (exclusive of the Swap Shop). The Board of County
Commissioners will consider the interlocal agreement at its March
15, 1994, meeting.
The current advisory FLUM designation for the North Federal
enclave area is General Commercial. A zoning designation of
General Commercial is proposed for all parcels except a portion
of lot 14, and lots 15, 16, and 17 (Schwerin auto use) for which
AC zoning is proposed.
Recommend initiation of a change to the Future Land Use Map to
add North Federal Highway enclaves to the City's jurisdiction and
to designate the properties as General Commercial on the Future
Land Use Map and to add the properties to the Official Zoning
Map, upon annexation, as General Commercial (GC) and Automotive
Commercial (AC).
CITY COMMISSION DOCUMENTATION
TO: ~AV. ID T./~RDEN,. CITY MANAGER
FROM: PAUL DORLING, S~IOR PLANNER
SUBJECT: MEETING OF FEBRUARY 8, 1994 ~ CONSENTAGENDA~
INITIATION OF SMALL SCALE MAP AMENDMENTS AND INITIAL
CITY ZONINGS FOR THE NORTH FEDERAL HIGHWAY ENCLAVES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
initiatinq the actions of Small Scale .Amendments to the
Future Land Use Map and of initial City zonings for what is
known as the North Federal Highway enclaves.
The North Federal Enclaves are located north of the Delray
Swap Shop on the east and west sides of North Federal
Highway.
Formal initiation of these actions are required pursuant to
LDR Section 9.2.1 for the Comprehensive Plan Amendment; and
LDR Section 2.4.4 (A) for the zoning action.
BACKGROUND:
In 1993, the Florida State legislature recognized that enclaves
can create significant problems in planning, growth management,
and service delivery, and declared that it is the policy of the
state to eliminate enclaves. To this end, the passage of ELMS
III legislation in 1993 allowed municipalities to annex
enclaves under 10 acres in size through interlocal agreements
with the county having jurisdiction of the enclave (Florida
Statue 171.046).
An interlocal agreement for the North Federal enclaves was first
scheduled before the City Commission on November 23, 1993, but
was deferred in order that discussions could be held with .the
owner of the Delray Swap Shop property. These discussions have
been pursued and annexation of the Delray Swap Shop is being
handled by seperate annexation agreement. At its meeting of
January 11, 1994, the City Commission considered and approved
the interlocal agreement, for the remaining enclave properties.
The Board of .County Commissioners will consider the interlocal
agreement at its March 15, 1994 meeting.
The current advisory FLUM designation for the North Federal
enclave area is General Commercial. A zoning designation of
General Commercial is proposed for all parcels except a portion
of lot 14, and lots 15,16, and 17 ((Schwerin auto use) for which
an AC designation is proposed. A complete analysis of the
existing uses and their status under the proposed zoning
designations will be undertaken in the staff report.
After formal initiation, the items will be processed as follows:
* public hearing before the Planning and Zoning Board on
February 28th, 1994
* 1st reading of annexation, plan amendment, and zoning
actions before the City Commission on March 8th or 9th
* 2nd reading and public hearing of the enacting ordinances
on March 22nd.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will review the annexation, plan
amendment, and zoning actions as provided in the schedule above.
RECOMMENDED ACTION:
By motion, formally initiate a change to the Future Land Use Map
to add the North Federal Highway enclaves to the City's
jurisdiction and to designate the properties as General
Commercial on the Future Land Use Map and to add the properties
to the Official Zoning Map, upon annexation, as General
Commercial (GC) and Auto Commercial (AC).
The parcels eligible under this initiation are indicated as
"Enclaves to be annexed" on the attached exhibit. In addition,
the legal descriptions for the parcels are attached.
Attachments:
* Location Map
* Property descriptions
y:fedl
NORTH FEDERAL HIGHWAY ANNEXATIONS
LEGAL DESCRIPTIONS
Parcel 1: Lots 1 and iA, Delray Beach Estates, as recorded in
Plat Book 21, Page 13 of the Palm Beach County Records.
Parcel 2: The easterly 134.55 feet of lot 5, Delray Beach
Estates, as recorded in Plat Book 21, Page 13 of the Palm Beach
County Records.
Lot 5, less the easterly 134.55 feet thereof, Delray
Beach Estates, as recorded in Plat Book 21, Page 13 of the Palm
Beach County Records.
Parcel 3: Lot 13, Delray Beach Estates, as recorded in Plat Book
21, Page 13 of the Palm Beach County Records.
Parcel 4: The northerly 20.25 feet of the westerly 186 feet of
lot 14 together with lots 15, 16 and 17, Delray Beach Estates,
as recorded in Plat Book 21, Page 13 of the' Palm Beach County
Records.
Parcel 5: Lots 30, 31 and 32, Delray Beach Estates, as recorded
in Plat Book 21, Page 13 of the Palm Beach County Records.
Parcel 6: Lots 37 and 38, Delray Beach Estates, as recorded in
Plat Book 21, Page 13 of the Palm Beach County Records.
Parcel 7: Lot 40, Delray Beach Estates, as recorded in Plat Book
21, Page 13 of the Palm Beach County Records.
Parcel 8: The northerly 100 feet of the southerly 503.4 feet of
the west one half (W1/2) of the southwest one quarter (SW 1/4)
of the southeast one quarter (SE 1/4) of Section 4, Township 46
South, Range 43 East lying easterly of Federal Highway (U.S. 1).
T:\advanced\ANNEXl.DOC
N, FEDERAL UNINCORPORATED ENCLAVES
PROPOSED FOR ANNEXATION
24
LEGEND
ENCLAVES TO BE ANNEXED.
I1 W ENCLAVES TO BE
AHHEXEO BY AGREEMENT.
10 33
~$.1 UHICORPOR~ IlO COUN1Y o
$ ,36 HOT IdEET1NO TH[ DEIriHITIOH
OF 'ENCLAVE".
¢11~ OF
BOYNTON BEACH.
706 - MIT
502 503 I - ADDRI~S$ NUN.CE
N
707 ~
I I I I I I I I IIII I
TO: MAYOR AND CITY COMMISSIONERS
COUNTY REGARDING ANNEXATION OF CERTAIN ENCLAVES
DATE: JANUARY 7, 1994
At the December 14, 1993 regular meeting, the Mayor suggested that
this item be continued as negotiations with the property owner were
still in process. The proposal currently before the City Commission
is similar to that which was previously prepared; however, it DOES NOT
include the Delray Swap Shop properties (#505, 506, & 507 as shown on
the Exhibit). The Swap Shop properties are proposed to be annexed on
a voluntary basis through the formal ordinance adoption process along
with an annexation agreement. If such an agreement cannot be reached,
a separate (later) action could be pursued to annex that property
under the ELMS-III legislative authority.
This resolution authorizes the execution of an Interlocal Agreement
with Palm Beach County to provide for the annexation of Enclaves
pursuant to Section 171.046, Florida Statutes.
Given legislative changes, we are able to proceed with the annexation
of eight (8) separate enclaves consisting of eighteen (18) parcels in
thirteen (13) different ownerships. The attached information shows
all of our annexation areas and identifies those which are eligible
for annexation under the ELMS-III legislation. Ail of these parcels
are located along North Federal Highway. Please note that three very
small parcels remain in the County's jurisdiction since there is no
Delray Beach boundary to their north.
Also attached is the draft Intergovernmental Agreement. A similar
Agreement has been entered into by the County and the Town of Jupiter
with the BOCC action occurring on November 16. Riviera Beach has a
similar agreement pending BOCC consideration.
Upon approval of the Intergovernmental Agreement by the County, it
will be necessary to process individual small scale amendments to the
Comprehensive Plan and to affix zoning (GC) to the individual parcels.
Recommend approval of Resolution No. 107-93, authorizing the execution
of an Interlocal Agreement with Palm Beach County, and authorizing the
Mayor to approve minor modifications to the Agreement as may be
required by the Board of County Commissioners.
RESOLUTION NO. 107-93
A 'RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT
WITH PALM BEACH COUNTY PROVIDING FOR THE ANNEXATION
OF ENCLAVES PURSUANT TO SECTION 171.046, FLORIDA
STATUTES.
WHEREAS, Section 163.01 Fla. Stat., (1991), known as the "Florida
Interlocal Cooperation Act of 1969," authorizes local governments to
make the most efficient use of their powers by enabling them to
cooperate with other localities on a basis of mutual advantage and
thereby to provide services and facilities that will harmonize
geographic, economic, population and other factors influencing the needs
and developments of local communities;
WHEREAS, the Florida Interlocal Cooperation Act of 1969 permits
public agencies as defined therein to enter into interlocal agreements~
with each other jointly exercise any power, privilege, or authority'
which such agencies share in common and which each might exercise
separately;
WHEREAS, Section 18 of Chapter 93-206, Laws of Florida, created
Section 171.046, Fla. Stat., which provides for the annexation of
certain enclaves pursuant to interlocal agreements between a munici-
pality and the county which has jurisdiction over such enclaves;
WHEREAS, Section 171.046, Fla. Stat. ,limits annexation by such
interlocal agreements to enclaves of ten (10) acres or less in size;
WHEREAS, Section 171.031(13)(a) and (b), Fla. Stat., as amended by
Chapter 93-206, Laws of Florida, defines enclaves as developed or
improved property bounded on all sides by a single municipality, or
bounded by a single municipality and by a natural or man-made obstacle
that allows passage of vehicular traffic to that unincorporated area
only through the municipality;
WHEREAS, Palm Beach County and the City of Delra¥ Beach have
determined that it is appropriate and will promote efficient provision.
of governmental services for the City to annex certain enclaves;
WHEREAS, the County and the City have determined that the parcels
to be annexed pursuant to this interlocal agreement are improved
property based upon the availability of water and sewer systems; the
availability and access to public right-of-way; that the lots have
previously been cleared; and that the lots have been subdivided as shown
on recorded or unrecorded plats;
WHEREAS,. it has been determined by the City that the parcels to be
annexed via this interlocal agreement meet the requirements set out in
Section 171..031(13)(a) and (b), Fla. Stat. and 171.046, as such enclaves
are developed or improved, are less than ten (10) acres and size, and
are completely surrounded by the City or are surrounded by the City and
a natural or man-made obstacle that all6ws passage of vehicular traffic
to the enclaves only through the City; and
WHEREAS, the enclaves identified herein are within the City's
future annexation area as set forth in the adopted Comprehensive Plan
for the City of Delray Beach.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA THAT:
Section 1. The Mayor is hereby authorized and directed to execute
an interlocal agreement (attached hereto and incorporated herein as
Exhibit "A") with Palm Beach County on behalf of the City of Delray
Beach.
Section 2. Upon execution of the interlocal agreement, the City
Clerk is hereby directed and authorized to transmit sufficient copies of
same to the appropriate offices of Palm Beach County for Palm Beach
County's consideration of execution of the Intergovernmental Agreement
and thereafter the execution thereof.
,. ~fect · .
Section 3. This Resolution shall take~l upon adoption
ATTEST:
(ity-Clerk
2 Res. No. 107-93
INTERLOCAL AGREEMENT
Interlocal Agreement between PALM BEACH COUNTY, a political
subdivision of the State of Florida and the CITY OF DELRAY BEACH
providing for annexation of enclaves pursuant to Section
171.046, Fla. Stat..
THIS' INTERLOCAL AGREEMENT is made this day of
, i99~ between the CITY OF DELRAY BEACH, a
municipality located in Palm Beach County, Florida, hereinafter
referred to as "CITY" and PALM BEACH COUNTY, a political
subdivision of the State of Florida, hereinafter referred to as
"COUNTY", each one constituting a public agency as defined in
Part I of Chapter 163, Florida Statutes.
WHEREAS, Section 163.01, Florida Statutes (1991), known as
the "Florida Interlocal Cooperation Act of 1969" authorizes
local governments to make the most efficient use of their powers
by enabling them to cooperate with other localities on a basis
of mutual advantage and thereby to provide services and
facilities that will harmonize geographic, economic, population
and other factors influencing the needs and development of local
communities; and
WHEREAS, The Florida Interlocal Cooperation Act of 1969
permits public agencies as defined therein to enter into
Interlocal Agreements with each other to jointly exercise any
power, privilege, or authority which such agencies share in
common and which each might exercise separately; and
WHEREAS, Section 18 of Chapter 93-206 of the Laws of
Florida created Section 171.046, Fla. Stat., providing for
annexation of certain enclaves by entering imto an Interlocal
Agreement between the Municipality and the County having
jurisdiction over such enclave; and
WHEREAS, Section 171.046, Fla. Stat., limits annexation by
Interlocal Agreement to enclaves of ten (10) acres or less in
size; and
WHE~AS, Section 171.031(13)(a) and (b), Fla. Stat., as
amended by Chapter 93-206, Laws of Florida, defines enclaves as
developed or improved property bounded on all sides by a single
municipality, or bounded by a single municipality and by a
natural or manmade obstacle that allows passage of vehicular
traffic to that unincorporated area only through the
municipality; and
WHEREAS, the County and the City have determined that it is
appropriate and will promote efficient provision of governmental
services for the City to annex certain enclaves; and
WHEREAS, the County and the City have determined that the
parcels to be annexed pursuant to this Interlocal Agreement are
improved properties based upon the availability of water and
sewer systems; the availability and access to a public
right-of-way; that the lots have previously been cleared; and
that the lots have been subdivided in recorded or unrecorded
plats; and
WHEREAS, it has been determined by the City and by the
County that the parcels to be annexed via this Interlocal
Agreement meet the requirements set out in Section
171.031(13)(a) and (b) and 171.046, Fla. Stat., as such enclaves
are developed or are improved, are less than ten (10) acres in
size and are completely surrounded by the city or are surrounded
by the City and a natural or manmade obstacle that allows
passage of vehicular traffic to the enclaves only through the
City; and
WHEREAS, the enclaves identified for annexation in this
Interlocal Agreement are in the City's future annexation areas
set forth in the adopted Comprehensive Plan of the City of
Delray Beach; and
WHEREAS, the County and the City agree that the parcels to
be annexed via this Interlocal Agreement are subject to the Land
Use Atlas of the Palm Beach County Comprehensive Plan and County
zoning and subdivisio~ regulations until the City adopts a
comprehensive plan amendment to formally include said parcels in
its adopted Comprehensive Plan and to formally affix a zoning
designation thereto.
NOW THEREFORE, in consideration of the mutual
representations, terms, and covenants hereinafter set forth, the
parties hereby agree as follows:
Section 1. Purpose
The purpose of this Agreement is to allow annexation by the
City of certain unincorporated enclaves which are identified in
Exhibit A which is attached hereto and made a part hereof.
Section 2.
The following definitions shall apply to this Agreement:
1. The term "enclave" shall be defined as set forth in
Section 171.031(13)(a) and (b), Fla. Stat. as adopted by the
Legislature in Chapter 93-206, Section 15, Laws of Florida.
"Act" means Part I of Chapter 163, Florida Statutes.
"Agreement" means this Interlocal Agreement, including any
amendments or supplements hereto, executed and delivered in
accordance with the terms thereof.
- 2 -
Section 3. Annexation
The unincorporated enclaves identified in Exhibit "A",
which is attached'hereto and made a part hereof, are hereby
annexed into and are included in the corporate boundaries of the
City of Delray Beach.
Section 4. Effective Date
This Agreement shall take effect upon execution by both
parties.
Section 5. Filing
Upon execution by both parties, a copy of this Agreement
shall be filed with the Clerk of the Circuit Court in and for
Palm Beach County.
Section 6. Notification
The City hereby acknowledges that, it has/will prior to
consideration of this Agreement by the Board of County
Commissioners, provide written notice to all owners of real
property located in the enclaves identified in Exhibit "A" whose
names and addresses are known by reference to the latest
published ad valorem tax records of the Palm County Property
Appraiser. The written notice, shall describe the purpose of
the Interlocal Agreement and shall state the date, time and
place of the meet'ings of the Board of County Commissioners of
Palm Beach County where this Interlocal Agreement shall be
considered for adoption.
Section 7. Captions
The captions and section designations herein set forth are
for convenience only and shall have no substantive meaning.
Section 9. Severabllit¥
In the event that any section, paragraph, sentence, clause,
or provision hereof be held by a court of competent Jurisdiction
to be invalid, such shall not affect the remaining portions of
this Agreement and the same shall remain in full force and
effect.
Section 10. Entirety of Agreement
This Agreement represents the entire understanding between
the parties, and supersedes all other negotiations,
representations, or agreement, either written or oral, relating
to this Agreement.
- 3 -
PALM BEACH COUNTY
Th'oma~.~'Lyncn, Mayor
ATTEST: ATTEST:
City Clerk
orm: r.:
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DJK/ILA.DOC
- 4 -
CITY COMMISSION DOCUMENTATION
TO: /~~ID T. HARDEN, CITY MANAGER
FROM: --D~VID J. KOVACS, A.I.C.P. DIRECTOR OF PLANNING
SUBJECT: MEETING OF JANUARY 11, 1994
INTERGOVERNMENTAL AGREEMENT WITH PALM BEACH COUNTY RE
ANNEXATION OF CERTAIN ENCLAVES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
aDproval of an Interlocal Agreement through which certain
enclaves along North Federal Highway will be annexed into
the City of Delray Beach.
Action by the Board of County Commissioners is also
required to consummate this item.
BACKGROUND:
This item was first scheduled before the Commission on November
23, 1993, but was deferred in order that discussions could be
held with the owner of the Delray Swap Shop property. Those
discussions have progressed to the point where it is expected
that a proposed Annexation Agreement (for that property) will be
before the City Commission at its meeting of January 25th.
Please refer to the Documentation of November 23, 1993, for
information about the legislative authority for these
annexations, the definition of "enclave", the chart showing
eligible properties and their land use & zoning, and subsequent
actions which will be required.
CHANGES TO PREVIOUS PROPOSAL
The proposal currently before the City Commission is similar to
that which was previously prepared; however, it DOES NOT include
the Delray Swap Shop properties (#505, 506, & 507 as shown on
the Exhibit). The Swap Shop properties are proposed to be
annexed on a voluntary basis through the formal ordinance
adoption process along with an annexation agreement. If such an
agreement cannot be reached, a separate (later) action could be
pursued to annex that property under the ELMS-III legislative
authority.
City Commission Documentation
Intergovernmental Agreement with Palm Beach County re Annexation
of certain Enclaves
Page 2
RECOMMENDED ACTION:
The Administration recommends proceeding with the ELMS-III,
Enclave Annexation of the balance of the eligible enclaves in
order to have a timely resolution of the subject. There will be
a significant period of time prior to consideration of the
City's request by the Board of County Commissioners; thus, it ks
desired to proceed with the Intergovernmental Agreement at this
time.
By Resolution (attached) approve the Intergovernmental Agreement
with additional direction that the Mayor may entertain and
approve minor modifications to the Agreement as may be
requested, or required, by the Board of County Commissioners.
Attachments:
* Location Map and listing of properties to be annexed
* Approving Resolution
* Intergovernmental Agreement
Attachment:
* P&Z Staff Report & Documentation of
DJK\CCELMAX
N, FEDERAL UNINCORPORATED ENCLAVES
PROPOSED FOR ANNEXATION
24
18 LEGEND
ENCLAVES TO BE ANNEXED.
Q 14.1
ENCLAVES TO BE
ANNEXEO BY AGREEMENT.
10 33
9.1 34
35.2
Q 35.1 UNICORPORATED COUNTY,
6 ,36 NOT MEETING THE DEFINITION
OF "ENCLAVE".
4 CITY OF
BOYNTON BEACH.
2
706 - LnT NUHBER
708 ,,~ 502 503 (~ .~ - ADDRESS NUHIIER
N
707 ~
500 FEET
I
- SCALE -
706
CITY DF" OELRAY ]lEACH, FLDRIOA
PLANN./NG D~PARTHENT
J~l - 94 OJN
ENCLAVE NO. PROPERTY CONTROL # PROPERTY OWNER AND LEGAL DESCRIPTION
i 00-43-46-04-08-000-0010 Smith, R.I. & Darleen M.
Del.ray Beach Estates 610 S.E. 2nd Avenue
Lot 1 Pomgano Beach, FL 33060
2 00-43-46-04-08-000-0050 Compagno, J. & Lucille
Delray Beach Estates ~ Merkle Et. Al.
Lot 5 110 E. Atlantic Avenue, #400
Delray Beach, FL 33444
2 00-43-46-04-08-000-0051 Altmix, Don R.
Delray Beach Estates 2300 N. Old Dixie Highway
Lot 5.1 Delray Beach, FL 33483
3 00-43-46-04-08-000-0130 Bland, V.C. & Christine
Delray Beach Estates 3 Harbour Drive N.
Lot 13 Ocean Ridge, FL 33435
4 00-43-46-04-08-000-0142 Schwerin T.M. & Juliette M.
Delray Beach Estates 2612 N. Federal Highway
Lot 14.2 Delray Beach, FL 33483
4 00-43-46-04-08-000-0160 Schwerin, Thomas M.
Delray Beach Estates 2612 N. Federal Highway
Lot 16 Delray Beach, FL 33483
5 00-43-46-04-08-000-0300 Catapane, Richard C & Dorothy M
Delray Beach Estates 2433 Timber Creek Circle
Lot 30 Boca Raton, FL 33431
5 00-43-46-04-08-000-0310 Panagos, Richard E.
Delray Beach Estates 2605 N. Federal Highway
Lot 31 Delray Beach, FL 33483
5 00-43-46-04-08-000-0320 O'Brien, Suter& O'Brien Inc.
Delray Beach Estates 2601N. Federal Highway
Lot 32 Delray Beach, FL 33483
6 00-43-46-04-08-000-0370 Merchel, Mary F.
Delray Beach Estates 245 Lake Eden Way
Lot 37 Delray Beach, FL 33444
6 00-43-46-04-08-000-0371 Bushley, Edgar J. Jr.
Delray Beach Estates 2401 N. Federal Highway
Lot 37.1 Delray Beach, FL 33483
6 00-43-46-04-08-000-0380 Merchel, Mary F.
Delray Beach Estates 245 Lake Eden Way
Lot 38 Delray Beach, FL 33444
ENCLAVE NO. PROPERTY CONTROL # PROPERTY OWNER AND LOCATION
7 00-43-46-04-08-000-0400 Solomon, Gerald J.
Delray Beach Estates 17096 Northway Court
Lot 40 Boca Raton, FL 33496
8 00-43-46-04-00-000-5040 Cart, Casy T. & Elaine M.
North of the Flea Market 2740 S.W. llth Court
Parcel 504 Boynton Beach, FL 33426
8 00-43-46-04-00-000-5041 Carr J.Y. & Marilyn B.
North of the Flea Market 3654 S. Federal Highway
Parcel 504.1 P.O. Box 524
Boynton Beach, FL 33425
pd/dbe.doc
- 2 -
CITY COMMISSION DOCUMENTATION
TO.' ~D T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 23, 1993
ANNEXATION OF SMALL ENCLAVESt NORTH FEDERAL HIGHWAY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the. City Commission is that of
approval of an Interlocal Agreement through which certain
enclaves along North Federal Highway will be annexed into
the City of Delray Beach.
The Board of County Commissioner's action is also required
in order to consummate this item.
BACKGROUND:
The City of DeltaY Beach has established an annexation program
in its Comprehensive Plan. As much of the annexation that could
be effectively implemented under the previous annexation law
(i.e, prior to the ELMS-III legislation) has been accomplished.
With the passage of the ELMS-III legislation in the last session
of the State Legislature, the opportunity to annex enclaves of
10 acres or less in size through an Intergovernmental Agreement
with the County was provided. Specifically the codified
language is as follows:
Section 171.046, Florida Statuas~ Annexation of Enclaves
(1) The Legislature recognizes that enclaves can create
significant problems in planning, growth management, and
service delivery, and therefore declares that it is the
policy of the State to eliminate enclaves.
(2) In order to expedite the annexation of enclaves of 10
acres or less into the most appropriate incorporated
Jurisdiction, based upon existing or proposed service
provision arrangements, a municipality may:
(a) Annex an enclave by an lnterlocal agreement with
the County having Jurisdiction of the enclave~ or
City Commission Documentation
Annexation of Small Enclaves, North Federal Highway
Page 2
(b) Annex an enclave with fewer than 25 registered
voters by municipal ordinance, when the annexation is
approved in a referendum by at least 60 percent of the
registered voters who reside in the enclave.
(3) This section does not apply to undeveloped or
unimproved real property.
Also, a definition of "enclave" is p~ovided in the new statute,
as follows:
Section 171.031(13) "Enclave" means:
(a) Any unincorporated improved or developed area
that is enclosed within and bounded on all sides by a
single municipality~ or,
(b) Any unincorporated improved or developed area
that is enclosed within and bounded by a single
municipality, and a natural or manmade obstacle that
allows the passage of vehicular traffic to that
unincorporated area only through the municipality.
Given the above legislative changes, we are able to proceed with
the annexation of eight (8) separate enclaves consisting of 18
parcels in thirteen (13) different ownerships.
The attached information shows all of our annexation areas and
identifies those which are eligible for annexation under the
ELMS-III legislation. Ail of these parcels are located along
North Federal Highway. Please note that three very small
parcels remain in the County's Jurisdiction since there is no
'Delray Beach boundary to their north.
Also attached is the approving Resolution and the
Intergovernmental Agreement. A similar Intergovernmental
Agreement has been enter into by the County and the Town of
Jupiter with the BOCC action occurring on November 16th. Rivers
Beach has a similar agreement pending BOCC consideration.
Next Steps= Upon approval of the Intergovernmental Agreement by
the County, it will be necessary to process individual small
scale amendments to the Comprehensive Plan and to affix zoning
(GC) to the individual parcels. These actions will require
public notice, specific notice to property owners, public
hearing.before the Planning and Zoning Board, and enactment, by
Ordinance, of the City Commission.
City Commission Documentation
Annexation of Small Enclaves, North Federal Highway
Page 3
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not formally reviewed this
specific action, nor is a formal review required since
proceeding' is clearly consistent with and furthers the
Comprehensive Plan. The Board, though, has reviewed this
specific program in its review and endorsement of the City's
Population Tracking System Report (June, 1993).
RECOMMENDED ACTION:
By Resolution, approve the Intergoverrunental Agreement with
additional direction that the Mayor may entertain and approve
minor modifications to the Agreement as may be requested, or
required, by the Board of County Commissioners.
Attachments:
* Location map and listing of eligible properties
* Approving Resolution (by others)
* Intergovernmental Agreement (by others)
DJK\CCEN~L
n
~ ,a _ EEE
ENCLAVES1-8 ,8 k~ ~,,~.~ ~
4.
14.1
10 33
' 34
35.2
3g
4
7O8 ~ 502
707
7o~ I
-- N. FEDERAL UNINCORPORATED COUNTY POCKETS --
70~ - LOT NUMBER ~
.I ADORESS NUMBER ~ - COUNTY POCKET
ENCLAVE NO. PROPERTY CONTROL # PROPERTY OWNER
AND LEGAL DESCRIPTION
1 00-43-46-04-08-000-0010 Smith, R.I. & Darleen M.
Delray Beach Estates 610 S.E. 2nd Avenue
Lot 1 Pompano Beach, FL 33060
2 00-43-46-04-08-000-0050 Compagno, J. & Luctlle
Delray Beach Estates % Merkle Et. Al.
Lot 5 1i0 E. Atlantic Avenue, #400
Delra¥ Beach, FL 33444
2 00-43-46-04-08-000-0051 Altmix, Don R.
Delray Beach Estates 2300 N. O~d Dixie Highway
Lot 5.1 Delray Beach, FL 33483
3 00-43-46-04-08-000-0130 Bland, V.C. & Christine
Delray Beach Estates 3 Harbour Drive N.
Lot 13 Ocean Ridge, FL 33435
4 00-43-46-04-08-000-0142 Schwerin T.M. & Jullette M.
Delray Beach Estates 2612 N. Federal Highway
Lot 14.2 Delray Beach, FL 33483
4 00-43-46-04-08-000-0160 Schwerln, Thomas M.
Delray Beach Estates 2612 N. Federal Highway
Lot 16 Delray Beach, FL 33483
5 00-43-46-04-08-000-0300 Catapane, Richard C & Dorothy M
Delray Beach Estates 2433 Timber Creek Circle
Lot 30 Boca Raton, FL 33431
5 00-43-46-04-08-000-0310 Panagos, Richard E.
Delray Beach Estates 2605 N. Federal Highway
Lot 31 Delray Beach, FL 33483
5 00-43-46-04-08-000-0320 O'Brien, Surer & O'Brien Inc.
Delray Beach Estates 2601N. Federal Highway
Lot 32 Delray Beach, FL 33483
6 00-43-46-04-08-000-0370 Merchel, Mar~ F.
Delray Beach Estates 245 Lake Eden Way
Lot 37 Delray Beach, FL 33444
6 00-43-46-04-08-000-0371 Bushley, Edgan J. Jr.
Delray Beach Estates 2401N. Federal Highway
Lot 37.1 Delray Beach, FL 33483
6 00-43-46-04-08-000-0380 Merchel, Mary F.
Delray Beach Estates 245 Lake Eden Way
Lot 38 Delray Beach, FL 33444
ENCLAVE NO. PROPERTY CONTROL 9 PROPERTY OWNER AND LOCATION
7 00-43-46-04-08-000-0400 Solomon, Gerald J.
Delra¥ Beach Estates 17096 Northwa¥ Court
Lot 40 Boca Raton, FL 33496
8 00-43-46-04-00-000-5040 Cart, Cas¥ T. & Elaine
North of the Flea Market 2740 S.W. llth Court
Parcel 504 Boynton Beach, FL 33426
8 00-43-46-04-00-000-5041 Cart J.Y. & Marilyn B.
North of the Flea Market 3654 S. Federal Highway
Parcel 504.1 P.O. Box 524
Boynton Beach, FL 33425
8 .00-43-46-04-00-000-5050 Drive-In Theatres of FL
Flea Market-Parcel 505 3291W. Sunrise Blvd.
Ft. Lauderdale, FL 33311
8 00-43-46-04-00-000-5060 Drive-In Theatres of FL
Flea Market-Parcel 506 3291W. Sunrise Blvd.
Ft. Lauderdale, FL 33311
8 00-43-46-04-00-000-5070 Drive-In Theatres of FL Inc
Flea Market-Parcel 507 3291W. Sunrise Blvd.
Ft. Lauderdale, FL 33311
- 2 -
ANNEXATION AREAS
The adjacent .map describes all unincorporated land located
within the City of Delray Beach's Planning and Service Area.
These areas are designated for annexation according to Objective
B-3, of the Future Land Use Element of the City's Comprehensive
Plan.
Objective B-3 subdivides the designated properties into the
following "annexation areas":
#1 North Federal Highway
#2 Southeast of Linton and Military Trail
#3 Southwest of Llnton and Military Trail
#4 East of Military Trail, north and south of Atlantic Avenue
#5 West of Military Trail, north and south of Atlantic Avenue
(less Country Club Acres and High Point of Delray West)
#6 East of Military Trail, north of Lake Ida Road
#7 High Point of Delray West, west of Military Trail
#8 Country Club Acres, west of Military Trail
#9 The Hardrtves Holdings off Congress Avenue
The Projected Annexation Schedule (page B-5), slates formal
annexation procedures to begin by the year 1995, for all
annexation areas (less areas #6 and #9).
N ANNEXATION AREAS
I.~0 USE LrtDdN~ (POUCY 8-3.4). OF '1~
COIdPRE~ENSIV[ P~.
C~ ~ O~Y B~H, ~
P~NING' O~~
A. Motion and Tltlez Staff recommends motion to execute: an
lnterlocalAgreement~etween Palm Beach County and the City of
Delray Beach providing for annexation of eight enclaves.
Summary: Chapter 171.046, F.S., allows annexation of enclaves
of ten acres or less of developed land if the municipality
(the city of Delray Beach) and the County having jurisdiction
over such enclaves enter into an Interlocal Agreement. This
Interlocal Agreement addresses the service provision needs of
the residents, meets the requirements of Florida Statutes for
annexation, and is consistent with the CoUnty and municipal
Comprehensive Plans. Distric~ 4.
C. Backgxound and Justification: The city of Delray Beach has
identified eight enclaves that are eligible for annexation
with an Interlace1 Agreement. These eight enclaves create
service delivery problems for both the County and the City.
The City is requesting County assistance in annexing these
enclaves. The City has written the owners of these enclaves
to inform them of this proposed annexation.
The Florida ~egislature, by amending Chapter 171, Florida
Statutes, has created a means for the City to annex these
enclaves. Chapter 171, which per~ains to municipal annex-
arians, allows a municipality to annex enclaves of ten acres
or less of developed land if the municipality enters into an
Intarlocal Agreement with the County.
The PalnBeach County Planning Division supports these annex-
arians. Objective I of ~he Palm Beach County Comprehensive
Plan, Intergovernmental Element, encourages ~he a~nexation of
enclaves "that result in inefficient service delivery". The
attached Interlocal Agreement implements the requirements of
Florida Statutes and is consistent with the Palm Beach County
Comprehensive Plan.
A portion of Enclave No. 8, known as the Delray Swap Shop
properties, is proposed tab · annexed on a voluntary basis and
ie not part of this Interlocal Agreement.
The annexation of these enclaves is being opposed by soma
landowners. Both written and oral connunications have been
received by the Planning Division regarding their concerns
that the change in Jurisdiction would adversely impact their
ability to conduct business. Planning staff has responded to
their questions. However since most issues center around the
perception that Delray's regulations are more strin~ent, the
concerns are best addressed by Delray. The City held a
meeting on Thursday, January 13, 1994 et 2:00 p.m. to discuss
these annexatione and answer questions.
D. lttaclments: 1. Znt%rlocal Aqreeme.]l,t with Nap of Enclaves 2. Cor)~espon_~J~ce fr.(f)( ~n~ero ....
?
· ppEoved B~, .
'~sll~la~ County ~~ator
XZ. FXBCAL XN~ACT A~lkL¥1XB
A. Five Year S-~=ary of Fiscal Impact:
Fiscal Years 1993 1994 1995 1996
Capital Expenditures
Operating Costs
Operating Revenues
Is Item Included In Current Budget Yes.__ No__
Budget Account No: Fund Agency Org. Object
Reporting Category__
B. Recommended Sources of Funds/Summary of Fiscal Impact
XXZ. REVXBV COMMEI~TS
A. OFMB Fiscal and/or Contract Administration Comments:
-Contract AW~a~tnistratiod]
B. ~gal Sufficiency: ~C~~.
Assis~an~ ~ounty A~rney
C. Other Department Review:
Depar~nent Director
This s,,--sty is not to be used as · ~sis of paFeeat.
CITY I]F DELRKIY BEACH
CITY CLERK ,oo %.w 1¢: Av:_'Nu[~
1993
CERTIFICATION
I, BARBARA GARITO, Acting City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached is a
true and correct copy of Resolution No. 107-93 as the same was
passed and adopted by the City Commission of the City of Delray
Beach, Florida, in regular session on the llth day of January
1994.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
24th day of January, 1994.
: .. ...... :. Barbara Garito
'~ '"_.. Acting City Clerk
" ' City of Delray Beach, Florida
3540
-'- T,-,- E==':,--:,T AL'.','--",'-_' M,~TTE=$
RESOLUTION NO. 107-93
A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT
WITH PALM BEACH COUNTY PROVIDING FOR THE ANNEXATION
OF ENCLAVES PURSUANT TO SECTION 171.046, FLORIDA
STATUTES.
WHEREAS, Section 163.01 Fla. Stat., (1991)~ known as the "Florida
Interlocal Cooperation Act of i969," authorizes local governments to
make the most efficient use of their powers by enabling them to
cooperate with other localities on a basis of mutual advantage and
thereby to provide services and facilities that will harmonize
geographic, economic, population and other factors influencing the needs
and developments of local communities;
WHEREAS, the Florida Interlocal Cooperation Act of 1969 permits
public agencies as defined therein to enter into interlocal agreements
with each other Jointly exercise any power, privilege, or authority
which such agencies share in common and which each might exercise
separately;
WHEREAS, Section 18 of Chapter 93-206, Laws of Florida, created
Section 171.046, Fla. Stat., which provides for the annexation of
certain enclaves pursuant to interlocal agreements between a munici-
pality and the county which has jurisdiction over such enclaves;
WHEREAS, Section 171.046, Fla. Stat. ,limits annexation by such
interlocal agreements to enclaves of ten (10) acres or less in size;
WHEREAS, Section 171.031(13)(a) and (b), Fla. Stat., as amended by
Chapter 93-206, Laws of Florida, defines enclaves as developed or
improved property bounded on all sides by a single municipality, or
bounded by a single municipality and by a natural or man-made obstacle
that allows passage of vehicular traffic to that unincorporated area
only through the municipality;
WHEREAS, Palm Beach County and the City of Delray Beach have
determined that it is appropriate and will promote efficient provision
of governmental services for the City to annex certain enclaves;
WHEREAS, the County and the City have determined that the parcels
to be annexed pursuant to this lnterlocal agreement are improved
property based upon the availability of water and sewer systems; the
availability and access to public right-of-way; that the lots have
previously been cleared; and that the lots have been subdivided as shown
on recorded or unrecorded plats;
R94 3540 i
WHEREAS, it has been determined by the City that the parcels to be
annexed via this lnterlocal agreement meet the requirements set out in
Section 171.031(13)(a) and (b), Fla. Stat. and 171.046, as such enclaves
are developed or improved, are less than ten (10) acres and size, and
are completely surrounded by the City or are surrounded by the City and
a natural or man-made obstacle that allows passage of vehicular traffic
to the enclaves only through the City; and
WHEREAS, the enclaves identified herein are within the City's
future annexation area as set forth in the adopted Comprehensive Plan
for the City of Delray Beach.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA THAT:
Section 1. The Mayor is hereby authorized and directed to'execute
an interlocal agreement (attached hereto and incorporated herein as
Exhibit "A") with Palm Beach County on behalf of the City of Delray
Beach.
Section 2. Upon execution of the interlocal agreement, the City
Clerk is hereby directed and authorized to transmit sufficient copies of
same to the appropriate offices of Palm Beach County for Palm Beach
County's consideration of execution of the Intergovernmental Agreement
and thereafter the execution thereof.
Section 3. This Resolution shall take~fect upon adoption.
ATTEST:
~it¥-Clerk
2 Res. No. 107-93
NORTH FEDERAL HIGHWAY ANNEXATIONS
LEGAL DESCRIPTIONS
Parcel 1: Lots i and iA, Delray Beach Estates, as recorded in
Plat Book 21, Page 13 of the Palm Beach County Records.
Parcel 2: The easterly 134.55 feet of lot 5, Delray Beach
Estates, as recorded in Plat Book 21, Page 13 of the Palm Beach
County Records.
Lot 5, less the easterly 134.55 feet thereof, Delray
Beach Estates, as recorded in Plat Book 21, Page 13 of the P&lm
Beach County Records.
Parcel 3: Lot 13, Delray Beach Estates, as recorded In Plat Book
21, Page 13 of the Palm Beach County Records.
Parcel 4: The northerly 20.25 feet of the westerly 186 feet of
lot 14 together with lots 15, 16 and 17, Delray Beach Estates,
as recorded in Plat Book 21, Page 13 of the Palm Beach County
Records.
Parcel 5: Lots 30, 31 and 32, Delray Beach Estates, as recorded
in Plat Book 21, Page 13 of the Palm Beach County Records.
Parcel 6= Lots 37 and 38, Delray Beach Estates, as recorded in
· Plat Book 21, Page 13 of the Palm Beach County Records.
Parcel 7: Lot 40, Delray Beach Estates, as recorded in Plat Book
21, Page 13 of the Palm Beach County Records.
Parcel 8: The northerly 100 feet of the southerly 503.4 feet of
the west one half (Wl/2) of the southwest one quarter (SW
of the southeast one quarter (SE 1/4) of Section 4, Township 46
South, Range 43 East lying easterly of Federal Highway (U.S. 1).
T=\advanced\ANNEX1.DOC
N. FEDERAL UNINCORPORATED ENCLAVES
PROPOSED FOR ANNEXATION
11 : 21.:
0.1 ~ 24
rNCI~Y~S TO lC
, · ~ · UNICOR~ COUNt,
INTERLOCAL AGREEMENT
Interlocal Agreement between PALM BEACH COUNTY, a political
subdivision of the State of Florida and the CITY OF DELRAY BEACH
providing for annexation of enclaves pursuant to Section
171.046, Fla. Stat..
~a~ INTERLOCAL AGREEMENT is made this day of
~9~ , 199~ between the CITY OF DELRAY BEACH, a
municipality located in Palm Beach County, Florida, hereinafter
referred to as "CITY" and PALM BEACH COUNTY, a political
subdivision of the State of Florida, hereinafter referred to as
"COUNTY", each one constituting a public agency as defined in
Part I of Chapter 163, Florida Statutes.
WHEREAS, Section 163.01, Florida Statutes (1991), known as
the "Florida Interlocal Cooperation Act of 1969" authorizes
local governments to make the most efficient use of their powers
by enabling them to cooperate with other localities on a basis
of mutual advantage and thereby to provide services and
facilities that will harmonize geographic, economic, population
and other factors influencing the needs and development of local
communities; and
WHEREAS, The Florida Interlocal Cooperation Act of 1969
permits public agencies as defined therein to enter into
Interlocal Agreements with each other to jointly exercise any
'power, privilege, or authority which such agencies share in
common and which each might exercise separately; and
WHEREAS, Section 18 of Chapter 93-206 of the Laws of
Florida created Section 171.046, Fla. Stat., providing for
annexation of certain enclaves by entering into an Interlocal
Agreement between the Municipality and the County having
jurisdiction over such enclave; and
WHEREAS, Section 171.046, Fla. Stat., limits annexation by
Interlocal Agreement to enclaves of ten (10) acres or less in
size; and
WHEREAS, Section 171.031(13)(a) and (b), Fla. Stat., as
amended by Chapter 93-206, Laws of Florida, defines enclaves as
developed or improved property bounded on all sides by a single
municipality, or bounded by a single municipality and by a
natural or manmade obstacle that allows passage of vehicular
traffic to that unincorporated area only through the
municipality; and
WHEREAS, the County and the City have determined that it is
appropriate and will promote efficient provision of governmental
services for the City to annex certain enclaves; and
5ao
WHEREAS, the County and the City have determined that the
parcels to be annexed pursuant to this Interlocal Agreement are
improved properties based upon the availability of water and
sewer systems; the availability and access to a public
right-of-way; that the lots have previously been cleared; and
that the lots have been subdivided in recorded or unrecorded
plats; and
WHEREAS, it has been determined by the City and by the
County that the parcels to be annexed via this Interlocal
Agreement meet the requirements set out in Section
171.031(13)(a) and (b) and 171.046, Fla. Stat., as such enclaves
are developed or are improved, are less than ten (10) acres in
size and are completely surrounded by the city or are surrounded
by the City and a natural or manmade obstacle that allows
passage of vehicular traffic to the enclaves only through the
City; and
WHEREAS, the enclaves identified for annexation in this
Interlocal Agreement are in the City's future annexation areas
set forth in the adopted Comprehensive Plan of the City of
Delray Beach; and
WHEREAS, the County and the City agree that the parcels to
be annexed via this Interlocal Agreement are subject to the Land
Use Atlas of the Palm Beach County Comprehensive Plan and County
zoning and subdivision regulations until the City adopts a
comprehensive plan amendment to formally include said parcels in
its adopted Comprehensive Plan and to formally affix a zoning
designation thereto.
NOW THEREFORE, in consideration of the mutual
representations, terms, and covenants hereinafter set forth, the
parties hereby agree as follows:
Section 1. Purpose
The purpose of this Agreement is to allow annexation by the
City of certain unincorporated enclaves which are identified in
Exhibit A which is attached hereto and made a part hereof.
Section 2. Definitions
The following definitions shall apply to this Agreement:
1. The term "enclave" shall be defined as set forth in
Section 171.031(13)(a) and (b), Fla. Stat. as adopted by the
Legislature in Chapter 93-206, Section 15, Laws of Florida.
"Act" means Part I of Chapter 163, Florida Statutes.
"Agreement" means this Interlocal Agreement, including any
amendments or supplements hereto, executed and delivered in
accordance with the terms thereof.
25540
Section 3. Annexation
The unincorporated enclaves identified in Exhibit "A",
which is attached hereto and made a part hereof, are hereby
annexed into and are included in the corporate boundaries of the
City of Delray Beach.
Section 4. Effective Date
This Agreement shall take effect upon execution by both
parties.
Section 5. Fllinq
Upon execution by both parties, a copy of this Agreement
shall be filed with the Clerk of the Circuit Court in and for
Palm Beach County.
Section 6. Notification
The City hereby acknowledges that, it has/will prior to
consideration of this Agreement by the Board of County
Commissioners, provide written notice to all owners of real
property located in the enclaves identified in Exhibit "A" whose
names and addresses are known by reference to the latest
published ad valorem tax records of the Palm County Property
Appraiser. The written notice, shall describe the purpose of
'the Interlocal Agreement and shall state the date, time and
place of the meetings of the Board of County Commissioners of
Palm Beach County where this Interlocal Agreement shall be
considered for adoption.
Section 7. Captions
The captions and section designations herein set forth are
for convenience only and shall have no substantive meaning.
Section 9. Sever&bllit¥
In the event that any section, paragraph, sentence, clause,
or provision hereof be held by a court of competent Jurisdiction
to be invalid, such shall not affect the remaining portions of
this Agreement and the same shall remain in full force and
effect.
Section 10. Entirety of Agreement
This Agreement represents the entire understanding between
the parties, and supersedes all other negotiations,
representations, or agreement, either written or oral, relating
to this Agreement.
R9z 35/+{}
CIT OF_J)5~A~ BEACH., FLORIDA PALM BEACH COUNTY
" '" ~ "" "': CLER,¥
""' ATTEST: ATTEST:
: ~ ~rd, of Coun~ Com~oncrs,,
A~,.~ 'city .Clerk "
~ ~'*'
'~~~t~m r~ '"'"'"
: Approved as to Fo
City Attorney CoUnty AtZorne~
R94 3540
ENCLAVE NO. PROPERTY CONTROL # PROPERTY OWNER
AND LEOAL DESCRIPTION
I 00-43-46-04-08-000-0010 Smith, R.I. & Darleen M.
Delra¥ Beach Estates 610 S.E. 2nd Avenue
Lot I Pompano Beach, FL 33060
2 00-43-46-04-08-000-0050 Compagno, J. & Lucllle
Delray Beach Estates t Merkle Et. AX.
Lot 5 110 E. Atlantic Avenue, #400
Delra¥ Beach, FL 33444
2 00-43-46-04-08-000-0051 Altmix, Don Ro
Delra¥ Beach Estates 2300 N. Old Dixie Highway
Lot 5.1. Delra¥ Beach, FL 33483
3 00-43-46-04-08-000-0130 Bland, V.C. & Christine
Delra¥ Beach Estates 3 Harbour Drive N.
Lot 13 Ocean Ridge, FL 33435
4 00-43-46-04-08-000-0142 Schwerin T.M. & Juliette M.
Delra¥ Beach Estates 2612 N. Federal Highway
Lot 14.2 Delra¥ Beach, FL 33483
4 00-43-46-04-08-000-0160 Schwerin, Thomas H.
Delra¥ Beach Estates 2612 N. Federal Highway
Lot 16 Delray Beach, FL 33483
5 00-43-46-04-08-000-0300 Catapane, Richard C & Dorothy M
Delra¥ Beach Estates 2433 Timber Creek Circle
Lot 30 Boca Raton, FL 33431
S 00-43-46-04-08-000-0310 Panagos, Richard E.
Delray Beach Estates 2605 N. Federal Highway
Lot 31 Delra¥ Beach, FL 33483
$ 00-43-46-04-08-000-0320 O'Brlen, Surer & O'Brien Inc.
Delray Beach Estates 2601 N. Federal Highway
Lot 32 Delray Beach, FL 33483
6 00-43-46-04-08-000-0370 Merchel, Mary F.
Delra¥ Beach Estates 245 Lake Eden Way
LOt 37 Delray Beach, FL 33444
6 00-43-46-04-08-000-0371 Bushle¥, Edgar J. Jr.
Delray Beach Estates 2401 N. Federal Highway
Lot 37.1 Delray Beach, FL 33483
6 00-43-46-04-08-000-0380 Merchel, Mary F.
Delray Beach Estates 245 Lake Eden Way
Lot 38 Delra¥ Beach, FL 33444
ENCLAVE NO. PROPERTY CONTROL % PROPERTY OWNER
AND LOCATION
7 00-43-46-04-08-000-0400 Solomon, Gerald J.
Delray Beach Estates 17096 Northwa¥ Court
Lot 40 Boca Raton, FL 33496
8 00-43-46-04-00-000-5040 Cart, Casy T. & Elaine M.
North of the Flea Market 2740 S.#. llth Court
Parcel 504 Boynton Beach, FL 33426
8 00-43-46-04-00-000-5041 Cart J.Y. & Marilyn B.
North of the Flea Market 3654 S. Federal Highway
Parcel 504.1 P.O. Box 524
Boynton Beach, FL 33425
pd/dbe.doc
- 2 -
TO: Mary McCarty
Dick Morley
This letter is a follow up to our phone conversation last week. My husband Richard and
I own property at 2615 N. Federal Hwy. and have been Florida residents since 1970.
We are quite concerned with your plan Of forced annexation of our property by the City
of Delray Beach. The property ov,~ers involved were never nodfied when the city planned to
vote on this i~ue. The only party concerned with our plight seems to be the med~a.
We sought out our property specifically because it was under county jurisdic6on. We felt
county regulations/ordinances/etc, were much more conducive to establishing a busine~ by
allowin§ more flexibility in u~e to make the property productive. We had heard many
complaints from city property owners of the ha,~les and costs involved in dealing with city
authorities and wanted no part of that. Our property was purchased last spring and we are trying
to establish a small bu~ine~ to bring customers back to this area. We can not absorb the added
costs annexation would create.
The property owners involved are very upset that county officials never chose to discuss
with us the impact this transfer would have on us and how it would adversely affect us. We feel
as though we have been "abandoned." The annexation was previously defeated through
referendum and again through the "Enclave Act" granting an exemption. It is so unjust to
disregard us.
The county seems to be under the erroneous assumption that the city will grant us status
quo.. Owners who have spoken with dty officials have been granted nothing. Palm Beach
County officials need to more fully assess the impact on affected property, and see that our best
interests are also represented. It is unreasonable to expect us to step aside and be used as pawns!
You are our Representation and we look to you for "protection" and "fair treatment." Please
address our concerns.
Sincerely,
Dorothy Catapane
(407) 483-7078
(407) 278-34:14
cc.' Karen M~
Carol Roberu
Warr~ Ne~fll
Butt Aawnson
Cam/Hanson, State R~t~tive ..~t''~-
, FE,.r-:' i 0
Palm Beach County Commission
March 22, 1994
You have granted us a one week extension from 3/15 to 3/22/94 so that Delray Beach
officials could address the concerns of affected property owners. We do appreciate that extension.
The city has been trying to deal with all of the issues and costs, but the fact remains that there
will still be significant costs involved which many of us just cannot afford. We feel we should
decide if and when to annex and not be forcibly annexed. In fact, over half of these county
properties in quesdon do not meet the definition of an "enclave." The city is pursuing this under
the new Elm's Act Law allowing cities that totally surround an enclave to claim it with the
approval of the county. The property owner has no say whatsoever! The properties in question
are cost effective.
As you know the Elm's Act is receiving much criticism for being discriminating and
unconstitutional. Citizens have become infuriated over its power to take away our rights. State
legislatures are now trying to undo the tremendous mistake made when they approved the Elm's
Act. Presently there are several pending bills (SB #484, #1526) coming up for vote that will
restore the rights of property owners. You are all very well aware that in a matter of days the
Elm's Law may not stand as now written. So why must you force a vote on this today?
Two weeks ago, Palm Beach County Commissioners allowed citizens to be devoured by
the City of Greenacres. Jupiter, on the other hand, decided to postpone indefinitely its
annexation proceedings. Now you hold the fate of still more County Enclaves in your hands.
The wise choice would be to proceed with caution now and not allow any more confiscation by
cides undl the state decides what the outcome of the Elm's Act amendments will be. How could
you in "good conscience" vote to allow any more injustices to occur?
Please stop this plunder immediately by voting for an indefinite postponement until
pending legislation is finalized and scrutinized. Many of the people you represent in the county
do no.t approve of forced annexation. They feel and fear for their neigh.bors whose way of life,
livelihood, and financial security is put in jeopardy.
I'm sure you all swore to uphold the Constitution. How can you now take away our rights
to liberty, pursuits of happiness, and votes on an issue that directly and adversely affects us?
Think about it. That's just what you will be doing if you give final approval today. The only
fair and right decision today is to vote NO.
I. D.ORO'['HY :"~. WtLKEi',t, e:~-::,ffi:;~c C'.::-:k ct '.t;e
DATED w: VV.~:;: i.',~.,ir,~ B&act',, r--L on ~
QOROTHY ,'-', ::~:..:-"7~:~ C!,.~.k ' / .