08-94 [IELRFI¥ II[H
....... CITY CLERK ~100 N.W. 1st AVENUE * DELRAY BEACH, FLORIDA 33444 · 407/243-7000
~5--075176
1993 ! I! · !11 Bill I I · Ill II I Ill
CERTIFICATION
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached
document is a true and correct copy of Ordinance No. 8-94,
annexing to the City of Delray Beach a parcel of land located at
2300 North Federal Highway, as the same was passed and adopted by
the City Commission of the City of Delray Beach in regular
session on second and final reading 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
7th day of March, 1995.
Alison Macgregor ~arty
City Clerk
City of Delray Beach, Florida
SEAL
THE EFFORT ALWAYS ~/]ATTERS
Printed on Recycled Paper
I I
ORB 865
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.
WHEREAS, J. and Lucille Compagno are the fee-simple owners of
a parcel of land located at 2300 North Federal Highway, 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
ORB 8 53 834
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:
The Easterly 134.55 feet of Lot 5, DELRAY BEACH
ESTATES, as recorded in Plat Book 21, Page 13, of the
public Records of Palm Beach County, Florida.
The subject property being located on the west side of
North Federal Highway, at 2300 North Federal Highway;
and containing a 0.308 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
4eemed 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. 8-94
!
ORB 865
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, the earlier of: (a) the last
day on which the Florida Senate and House of Representatives both pass
Senate Bill 484,'or Senate Bill 16 or other equivalent Senate or House
Bill which precludes municipalitles from annexing properties pursuant to
Florida Statutes Section 171.046 (1993), or (b) March 1, 1995; 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, Florida
Statutes, 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:
- ' City ~erk '
First Reading March 8, 1994
Second Reading March 22, 1994
- 3 -' Ord. No. 8-94
ORB ~65~ P~ 836
, DOROTHY H, W!LKEN, CLERK PB ~.OUNTY,
N. FEDERAL UNINCORPORATED ENCLAVES
PRO~S£D FOR ANNE~TION
LEGEND
PA~Ca. ORD.#
A. 7-94
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. 1 6-94
L. 18-94
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.
WHEREAS, J. and Lucille Compagno are the fee-simple owners of
a parcel of land located at 2300 North Federal Highway, 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:
The Easterly 134.55 feet of Lot 5, DELRAY BEACH
ESTATES, as recorded in Plat Book 21, Page 13, of the
Public Records of Palm Beach County, Florida.
The subject property being located on the west side of
North Federal Highway, at 2300 North Federal Highway;
and containing a 0.308 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. 8-94
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 p~ragraph, 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, the earlier of: (a) the last
day on which the Florida Senate and House of Representatives both pass
Senate Bill 484, or Senate Bill 16 or other equivalent Senate or House
Bill which precludes municipalities from annexing properties pursuant to
Florida Statutes Section 171.046 (1993), or (b) March 1, 1995; as to the
small scale land use plan amendment, the date a final order is issued by
the Depar~ent of Community Affairs or Administration Commission finding
the amendment in compliance in accordance with Section 163.3184, Florida
Statutes, 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
Cente~iew 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:
City ~erk t
First Reading March 8, 1994
Second Reading March 22, 1994
- 3 - Ord. No. 8-94
I I I IIII I I I I
N. FEDERAL UNINCORPORATED ENCLAVES
PROPOSED FOR ANNEXATION
LEGEND
PARC~ O~D.#
A. 7-94
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
~'x_.~ K. 17-94
L. 18-94
FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
401 South Monroe Street
Tallahassee, Florida 32399-0250
(904) 488-8427
March 10, 1995
Ms. Alison MacGregor Harty
City Clerk
City of Delray Beach
100 Northwest 1st Avenue
Delray Beach, Florida 33444
Dear Ms. Harty:
This will acknowledge your letter of March 8, 1995 and
certified copy each of Ordinance Nos. 8-94, 9-94, 11-94,
12-94, 16-94 and 18-94 annexing certain lands into the City
of Delray Beach, which were filed in this office on March 10,
1995.
Sincerely,
Liz , Chief
Bureau of Administrative Code
LC/mw
TO: DISTRIBUTION LIST
FROM: PAUL DORLING, PRINCIPAL PLANNER
DATE: MARCH 1, 1995
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 Highway area. Six of those enclaves where annexed
immediately (last year) and included parcels A,D,G,H,I,and K as
noted on the following attachment. ProPerties labeled
B,C,E,F,J,and L were annexed with an effective date of March 1,
1995.
This memo provides formal notice that parcels B,C,E,F,J,and L
are now within the municipal boundaries and under municipal
jurisdiction. An annexation brief for these enclaves .%s
attaChed for your information. If you have any questions contact
me at Ext. 7043.
NORTH FEDERAL HIGHWAY ANNEXATION BRIEF
Property Control Numbers:
Parcel B (East 134.44 ft. of Lot 5, 00-43-46-04-08-000-0050
Delray Beach Estates)
Parcel C (Lot 5 less the east 134.44 ft) 00-43-46-04-08-000-0051
Delray Beach Estates)
Parcel E (N 20.25 ft. of W 186ft. of Lot 00-43-46-04-08-000-0142
14 and all of lot 15 of Delray
Beach Estates)
&
(Lots 16&17 Delray Bch. Estates) 00-43-46-04-08-000-0160
Parcel F (Lot 30 Delray Bch. Estates) 00-43-46-04-08-000-0300
Parcel J (Lot 37 less W 225 ft. Delray 00-43-46-04-08-000-0370
Beach Estates)
&
(Lot 38 Delray Bch. Estates) 00-43-46-04-08-000-0380
Parcel L (N 100 ft.of S503.4 ft. of W 00-43-46-04-00-000-5040
1/2 of SW 1/4 of SE 1/4 less
E 343 ft.& N 100 ft.of S.503.4
ft. of SE 1/4 of SW 1/4 lying
E of State Road 5).
&
(E. 343 ft. of N. 100 ft.of S 00-43-46-04-00-000-5041
503.4 ft. of W 1/2 of SW 1/4
of SE 1/4.)
Acreage: Taxable Value
Parcel B .308 94,836
Parcel C .307 63,019
Parcel E 3.115 459,762
Parcel F .534 125,000
Parcel J 1.081 467,287
Parcel L 1.609 305,082
6.954 acres $1,514,986
Owners address: County property address:
Parcel B Compagno, J. & Lucille 2300 North Federal Hwy.
14426 Ellwodd Dr.
Delray Beach, Fla. 33445
Parcel C Altmix, Don R. 2300 Old Dixie Hwy.
2300 N. Old Dixie Highway
Delray Beach, Fla. 33445
Parcel E Schwerin, Thomas 2612 North Federal Hwy.
2612 N.Federal Highway
Delray Beach, Fla. 33483
Parcel F Catapane, Richard & Dorothy 2613 North Federal Hwy.
2433 Timber Creek Circle
Boca Raton, Fla. 33431
Parcel J Merchel, Mary F. 2399 North Federal Hwy.
245 Lake Eden Way
Delray Beach, Fla. 33483
Parcel L Carr, Casey T. Elaine M. 2101 North Federal HWY.''
2740 S.W. 11th Court
Boynton Beach Fla. 33426
&
Carr J.Y. & Marilyn B. 2101 North Federal Hwy.
3654 Federal Highway
P.O. Box 524
Boynton Beach, Fla. 33425
Parcel County City City Current Use Land use Land use Zoning
Parcel B CH-5 GC GC Auto Sales
Parcel C CH-5 GC GC Single Family
Parcel E C-5 GC GC Auto sales/Residential
Parcel F C-5 GC GC Retail/Residential
Parcel J C-5 GC GC Retail/Residential/vac
Parcel L CH-5 GC GC Retail store/warehouse
Residential units: Anticipated
population:
Parcel C - one unit 2.19
Parcel E - 1 mobile home, 3 campers, 17.52
& 4 houses
Parcel F _ one unit 2.19
Parcel J - one unit 2.19
24.09/.777%* =18.71
or
19 persons
* City vacancy rate
- %~ I II II ~ I III
N. FEDERAL UNINCORPORATED E~CLAVES
LEGEND
,PARCEL , ORD.~
'"~ '~' '? 4 ~'''
B. 8-94
C. 9-94
E. 11-94
F. 12~'94
J. 16-94
. ...,- .. ,, .;;.~.':;:... ;;.~':.
L. 18-94
NUMBER
N
crrY OF' DE3.K&Y arr..ACH, F't. ORIOA
PLANNING DEPARTMEI~
MARCH -- 94 DJM
MEMO RAN D UM ~-c
TO: MAYOR AND CITY CO ISSIONERS
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.
O~O.W
ANNEXATION AND DEVELOPMENT AGREEMENT
THIS AGREEMENT, entered into on this ~ day of
~~ , 1994, by and between the CITY OF DELRAY BEACH,
("City"), a Florida municipal corporation located in Palm Beach
County, Florida, and Joseph Compagno and Lucllle Compango,
("Owner").
WITNESSETH:
WHEREAS, the Owner consists of the record title holder of
the property that is the subject, of this Annexation and
Development Agreement ("The Agreement"), which property is
legally described in Exhibit "A", which is attached hereto and
incorporated herein by reference; and
WHEREAS, it is the desire of the City to annex that
property and facilitate its development, pursuant to the terms
and conditions of this Agreement; and
WHEREAS, Owner has or will perform and execute all acts
required by law to effectuate that annexation; and
WHEREAS, that the property is situated in the unincor-
porated area of Palm Beach County and is contiguous to the
incorporated territory of the City; and
WHEREAS, the City Commission of the City of Delray Beach
has considered the annexation of the subject property; and
WHEREAS, the current use of the property which is
classified as Outside Auto Repair and Sales is not a legally
established use in Palm Beach County, and is not a permitted
use in the City of Delray Beach's GC (General Commercial)
Zoning District; and
WHEREAS, it is the desire of the City and the Owner that
the development of the subject property proceed subject to the
ordinances, codes and regulations of the City.
NOW THEREFORE, in consideration of the premises and the
mutual promises and agreements set forth below, the parties
agree as follows:
1. Annexation. The City agrees to annex the property
described in Exhibit "A" upon the terms and conditions set
forth in this Agreement. City staff shall recommend to the
City Commission that the above-referenced property be annexed
to the City with an initial zoning designation of GC (General
Commercial) and a Future Land Use Map designation of GC
(General Commercial).
2. Use of Property. The Owner acknowledges that the
current uses of the property which consist of outside auto
repair and sales are not permitted uses within the GC (General
Commercial) Zoning District pursuant to the City's Land
Development Regulations. Owner agrees to conduct all auto
repair within a building or other structure. The Owner agrees
to insure that all outside auto repair shall cease upon
annexation into the City. City and Owner acknowledge that the
automobile sales use is a non-conforming use which may continue
to operate subject to the limitations contained in the City's
Land Development Regulations.
2
3. Compliance with City Sign and Building Codes. Owner
agrees that within 180 days from the effective date of the
City's ordinance which annexes the property, it shall comply
with the City's sign and building codes by taking the following
measures:
a. Anchor the rear canopy pursuant to the standards
defined under Chapter 12 of the Standard Building Code,
and
b. Eliminate the outside electrical wiring.
In addition, Owner agrees to relocate the existing free-
standing sign in conformity with the City's setback require-
ments when the Owner decides to replace or renovate the
existing free-standing sign structure.
4. Compliance with the City's Landscape Code. Within
180 days of the effective date of the annexation ordinance, the
Owner agrees to comply with the City's landscape code by taking
the following measures:
a. Remove existing asphalt to provide for at least
a five foot perimeter landscape buffer along the front of
the property,
b. Install landscape improvements along the front
of the property including hedge material at two feet in
height, shade trees at 30 foot on center, and appropriate
sod and/or ground cover, and
c. Provide sod and irrigation within the utility
strip along the front of the property.
5. Compliance with the City's Occupational License Fees.
The Owner understands that each business operator shall each
pay one occupational license fee for the auto repair shop use
and the auto sales shop use. The first such payment shall be
due no later than September 30th of the year in which the
property is annexed, and by September 30th each subsequent
year. The fee shall be as follows:
Auto Repair Shop $ 100.00 per year
Auto Sales Shop $ 150.00 per year
For subsequent years, the amount to be collected as an occupa-
tional license fee may be amended pursuant to the passage of
City ordinances which may amend the present fee schedule.
6. Storm Water Assessment. Owner agrees to pay the
annual Storm Water Assessment fee which is currently $144.99.
The Owner acknowledges that the City may either increase or
decrease the fee, annually.
7. Future On-Site Improvements. The owner agrees that
future development, redevelopment, or improvement of the
property described in Exhibit "A", shall comply with City
development procedures and regulations.
8. Removal of Development Conditions. Failure of the
property owner to comply with the provisions of Paragraphs 3
and 4 of this Agreement shall result in those provisions being
of no further force and effect. The Owner agrees that if it
has not come into compliance within the 180 days of the
effective date of the annexation ordinance, that it will be
responsible for complying with the existing standards and
regulations as contained in the City's current sign and land-
scape code.
9. Connection Fees. Owner acknowledges that the City
provides a reduced connection fee for water and sewer services
for a ninety (90) day period after receiving notice the water
and sewer service is available. The City shall provide notice
to the Owner of the availability of water and sewer services no
earlier than October 31, 1995. The reduced fees for sewer
connection are:
3/4" meter $ 250.00
1" meter 417.50
i 1/2 "meter 832.50
2" meter 1,332.50
The reduced fees for water service connection are:
3/4" meter $ 965.00
1" meter 1,483.85
1 1/2 "meter 2,226.15
2" meter 4,351.15
10. Enforcement of Agreement. The parties further agree
that the Owner or the City, either in law or in equity, by
suit, action, mandamus or other proceeding, may enforce or
compel the performance of this Agreement.
11. Successors and Assiqns. This Agreement shall be
binding on the Owner, and its successors and assigns.
12. Notice. Any notices required pursuant to this
Agreement shall be sent certified via U.S. mail to the
following addresses:
To City: David Harden, City Manager
City of Delay Beach
5
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To Owner: Joseph Compagno
2300 N. Federal Highway
Delray Beach, FL 33483
13. Severability. It is further agreed that several
provisions of this Agreement shall be separable, and that if
any court of competent jurisdiction shall adjudge the pro-
visions of this Agreement to be invalid or in unenforceable,
that judgment shall not effect the validity or enforceability
of any other provision of this Agreement.
14. Entire Aqreement. This Agreement constitutes the
full and complete understanding between the parties hereto, and
no other oral representations have been made. No modification
or change to this Agreement shall be valid or binding upon the
parties unless in writing executed by the parties to be bound
thereby.
15. Amendments. It is further agreed that this Agreement
may be amended by the mutual consent of the parties by the
adoption of any amendment by the City amending the terms of
this Agreement, and the acceptance of same by the Owner.
IN WITNESS WHEREOF, the parties hereto have entered into
this Agreement the day and year written above.
CITY OF DELRAY BEACH, FLORIDA
ATTEST: By:
Thomas Lynch, Mayor
City Clerk
Approved as to Form:
Cit~ttorney
~,O ~. [~--~%-~ ~/Joseph Compango
(Print or Type Name)
~- - { ~ L~tlle Compango
(Pr~.~ or ~'Nam~) ~
STATE OF
The foregoing instrument was acknowledged before me
this ~ day of
~~ ~ Z~/~ ~~ (name of person acknowledged),
who Is personally known to me or has produced
( t~e of identi f ication ) as
identification and who did (did not) take an oath.
Name of Acknowledger ~ed,
Printed or Stamped
OFFICIAL NOTARY SEAL
BARBARA GARITO '
nor. oranx, a~: NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC352011
MY COMMISSION EXP. MAR~ 11,1998
7
The easterly 134.55 feet of Lot 5, Delra¥ Beach Estates, as
recorded in Plat Book 21, Page 13 of the Palm Beach County
Records.
EFFECTIVE DATE. This Ordinance shall become effective the
earlier of:
(a) the last day on which the Florida Senate and House of
Representatives both pass Senate Bill 484, or Senate Bill 16 or
other equivalent Senate or House Bill which precludes
municipalities from annexing properties pursuant to Florida
Statutes Section 171.046 (1993);
or
(b) March 1, 1995.
MEMORANDUM
TO: ALISON MACGREGOR HARTY, CITY CLERK
FROM: PLANNING DEPARTMENT~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.
YIcl~rkf~
PLANNING & ZONING
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFA,I~$
o I.~A~:~ 9 9. ~-,~ o
2r4o CENTErVlEW DRIVE · TALLAHASSEE, FL
~..".~
.... ~ND~MIS SHEL~'
LAWTON CHILES March 18 ~ .~ v
Gover~ ,, ~e~
Mayor of Delray Beach
City of Delray Beach
100 Northwest First Avenue
Delray Beach, Florida 33444
Dear Mayor Lynch:
The Depa~ment has completed its review of the adopted
Comprehensive Plan ~en~en~ (Ordina~ce Nos. 67-93, 68-93,
69-93, 70-93, 71-93, 73-93, 75-93, 76-93, 80-93, and 81-931
DCA No. 93Sl) for ~e City of ~lray ~ach, as adopted on
Dece~er 7, 199~ 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 16~.3184(1)(b).
ment is issuing a Notice of Intent to find the plan amend-
ment In Compliance. ~e Notice of Intent has been sent
the News for p~lication on March 20, 1994.
Please note that a copy of the adopted City of ~lray
Beach Comgrehensive Plan ~en~ent, and the Notice of Intent
must be avail~le for p~ltc inspection Monday ~rough Friday,
except for legal holidays, during no,al business ho~s, at the
City of Delray Beach City Hall, Pla~ing Zoning ~pa~ment, 100
No~hwest 1st Avenue, ~lray Beach, Florida 33444.
~e adoption ordtnance~ for ~ts ~en~en~, Ordinance Nos.
67-93, 68-93, 69-93, 70-93, 71-93, 73-93, 75-93, 76-93, 80-93,
and 81-93 do not cite ~e correct section of ~apter 163, F.S.,
as amended, for ~e 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. ~e City of Delray Beach must ensure that
all adoption ordinances are consistent with these provisions.
~he foll~:.~a~ ~n the adoption ordtna~ a· ~tred by
Rule ~=~1. 011,
The ef~~ ~te ~ ~s pl~ ~en~e~'-
EMERGENCY MANAGEMENT · HOUSING AND COMMUNITY DEVELOPMENT · RESOURCE PLANNING AND MANAGEMENT
The Honorable Thomas E. Lynch
March 18, 1994
Page Two
Statues, whichever occurs earlier. No developBent orders,
development peraits, or land usee dependent on this a~end-
ment Bay be issued or comence before it has ~co~e effec-
A~inistration C~illi~, ~il ~t ~y neve~eless
be ~ ef~ive by add. ion =~ a re~l~i~ affixing its
effec~ive I~tu., a ~ of ~iCh ~olu~l~l ihall ~ sent
to ~e ~a~en2 of C~i~AfTairs, ~reau of ~al
Placid, 2T4e C~te~i~ ~ive, ~ll~assee, Florida 32399-
210~.
~er, the Depar~ent's notice of intent to find a plan
amen~ent in compliance shall be deemed to be a final order if
no timely petition challenging ~e ~en~ent is filed.
affected person, may file a petition ~i~ the agen~ wi~in 21
days after the p~lication of ~e notice of intent pursuant to
Chapter 163.3184(9), F.S.
~ adopted ~en~ent whose effective date is delayed by
law shall be considered pa~ of ~e adopted plan ~til dete~in-
ed to be not in compliance by final order of ~e A~inistration
Co~iseion. Then, it shall no longer be pa~ of ~e adopted plan
unless the local gove~ent adopts a resolution affixing its
fectiveness in the manner provided by law. Again, no development
order may be authorized ~til ~e effective date il dete~ined.
If you have any ~estion., please contact me, Maria ~adal,
Plan Review A~inistrator, or. Suza~e ~ll~y Wo~cock, Planning
Manager, at (904) 487-4545.
Sincerely,
~arl~s O. Patt~on, Director
Division cE Resource Planning
and Management
CGP/ddw
Enclosure: Notice of Intent
cc: David Kovacs, Director of Planning
Daniel M. Ca~, Executive Director, Treasure Coast Regional
Planning
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. 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.
WHEREAS, J. and Lucille Compagno are the fee-simple owners of
a parcel of land located at 2300 North Federal Highway, 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 pr6perty 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
o~ WHEREAS, J. and Lu~ill~ Compa~no have agrcc~ t~ ~n~×
ubject prop and condit~ contai~e~
rdinrdin~ln the Annexation gr ached hereto and
{~orperata~-h~T~s Exhibit "A"; 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:
The Easterly 134.55 feet of Lot 5, DELRAY BEACH
ESTATES, as recorded in Plat Book 21, Page 13, of the
Public Records of Palm Beach County, Florida.
The subject property being located on the west side of
North Federal Highway, at 2300 North Federal Highway;
and containing a 0.308 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 ~in~l,~~ +~ ~m =~ ~^ ~ ~ · ~
,_--~-_ _ . ...... g _..c ...... s ...... n .... OhS con ...... d in ~.c Annexat~/Dn
A~4~e~ml~t ~ttached ~.._r-~t~- =.~=--= incorporated herein as Exhibit--~K~ 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).
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 DELRA¥ BF_~ACH 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 BF~ACH 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 T~IE 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 Harry
March 19, 1994 City Clerk
N. FEDERAL UNINCORPORATED ENCLAVES
PROPOSED FOR ANNEXATION
B. 8-94
C. 9-94
D. 10-94
F. 12-94
G. 1.3-94
H. 14.-94
J. 16-94
K. 17-94
L. 18-94
.o,,,., o.
Meeting Date: Hatch
[ ] Consent IH] legular
[ ] Ordinance [ ] Pu~lio Hearing
Oep~ztment
lublitted lyl Planninoo Zoning amd Buildino / Plsnnine
luhaitted
&. Motion and Titlel Staff recouuends motion to ezecute: an
lnterlocal Agreement between Palm Beach County and the City of
Delray Beach providing for annexation of eight enclaves.
B. Smma~z: 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 Intarlocal 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 Co~nty and municipal
Comprehensive Plans. ~
C. Background and Justification: The City of Delray Beach has
identified eight enclaves that are eligible for annexation
with an Interlocal 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 Legislature, by amending Chapter 171, Florida
Statutes, has created a means for the City to annex these
enclaves. Chapter 171, which pertains to municipal annex-
ations, allows a municipality to annex enclaves of ten acres
or less of developed land if the municipality enters into an
Interlocal Agreement with the County.
The Pal~Beach County Planning Division supports these annex-
arians. Objective 1 of the Palm Beach County Comprehensive
Plan, Intergovernmental Element, encourages the annexation of
enclaves "that result in inefficient service delivary". 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 aa the Delray Swap Shop
properties, is proposed tab e annexed on a voluntary basis and
ts not part of this Interlocal Agreement.
The annexation of these enclaves is being opposed by some
landowners. Both written and oral comunications 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 strinqent, the
concerns ara best addressed by Dalray. The City held a
meeting onThursday, Sanuary 13, 1994 at 2:00 p.m. to discuss
these annexations and answer questions.
D. attachments= 1. Intl/rlocal Agreement with Nap of Enclaves
sis n county~ ~--
p. qz,. 35 D
&. Five Year S,,n~ary of Fiscal Impact:
Fiacal Yeare 1993 1994 1995 1996
Capital Expenditurea
Operating Coeto
Operating Revenues
Ia Item Included In Current Budget Yes No
Budget Account No: Fund Agency erg. Object
Reporting Category__
B. Recommended Sources of Funds/Summary of Fiscal Impact
ZZI. ~BVXgW
A. OFMB Fiscal and/or Contract Administration Comments:
Contract ~inisCra~io~
C. O~er Depar~men~ Review:
Department Director
Thio sumaary ia not to be used as a basis of payment.
glTY OF I)ELFII:IY BEACH
CITY CLERK ,oo.~.~ ,,,~,,:_,uE . oE~A~8:.~c,. ~o~,~A3~= · ~o~ =~_~*~o~
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
,--- T~- E=='7:~T A,_v':,:.",?
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 Delray ~each 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;
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 Delra¥
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:
~ity-Clerk
541i
2 Res. No. 107-93
R94. 0
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 (Wl/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 ANN~TION AR~S
, ~ 354B
N. FEDERAL UNINCORPORATED ENCLAVES
PROPOSED FOR ANNEXATION
2420.1 ",
~8 LEGEND
[HC~ TO
. UHICOR~ COUNt,
I NTERLOCAL 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
~99~ , 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
R94 354{3
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.
R94 540
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 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. Severability
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.
3540
CITY OF BEACH., FLORIDA PALM BEACH COUNTY
...'~~
.."' '" ~ "" "': CLER,¥
; ' ' ATTEST= ATTEST=
,., ,_~..~ .~'¢, z ~rdofOoun~ · ·
: Approved as to Fo
' f ~' -'~ "0',
R94 540
- 4 -
ENCLAVE NO. PROPERTY CONTROL ~ PROPERTY OWNER
ARD LEGAL DESCRIPTION
I 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. & Lucllle
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 Altmlx, 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 Schwerln T.N. & Jullette N.
Delra¥ 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
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'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.
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 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 % 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, 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 Cart J.Y. & Marllyn B.
North of the Flea Market 3654 S. Federal Highway
Parcel 504.! P.O. Box 524
Boynton Beach, FL 33425
pd/dbe.doc
- 2 -
TO: M~ McC~
Dick Morley
~is letter is a follow up to our phone conve~adon !~ week. My husband Ri~d ~d
I o~ proper~ at 2613 N. Fede~ H~. ~d have been Ho~ resJden~ since 1970.
We ~e quite ~ncemed ~ your pl~ of forced ~tion of our properW by ~e Gi~
of Delray Beach. The proper~ o~ers involved were never notified when &e d~ planned to
vote on ~is i~ue. The o~y p~ ~ncemed ~ our plight ~ems to be ~e me~a.
We sou~t out our proper~ specifi~ly bemuse it wm under coun~ jurisdiction. We felt
coun~ re~lafions/or&mces/etc, were much more ~ndudve to establishing a busine~ by
~lo~ng more flexibi~ in umge to m~e &e pro~r~ pr~ucfive. We had he~d m~y
complainm from ci~ proper~ o~e~ of ~e h~l~ ~d cos~ involved in dewing ~& ci~
au~ofifies ~d w~ted no p~ of ~c Our proper~ wm purc~d lint spring ~d we ~e t~ing
to establish a sm~l bmin~ to bring custome~ back to ~s ~e~ We ~ not abmrb ~e added
cos~ mnexation would ~eate.
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 city 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) 278-3a, 1 a,
Karen Man:m
Cam[ Roberts
Warma Ne,a~ll
Burr Aa~nson
Carol Hans~a, State R~tative
FE,r.
Palm Beach County Commission
March 22, 199'~
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 question 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 o~wers. 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
cities until 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~ approve of forced annexation. They feel and fear for their neigh.bors whose way of lift,
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 fight derision today is to vote NO.
I. DOROTHY
DATED a~: W?:~