12-94 £1T¥ OF [IELRrlV BEII£H
Ail.America City
IIII;
ORB
! II I II ! III! I I I IIIII I III
1993
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. 12-94,
annexing to the City of Delray Beach a parcel of land located at
2613 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.
A1Ys-on Ma~Greg0r ~Harty '
City Clerk
City of Delray Beach, Florida
SEAL
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
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.
WHEREAS, Richard C. and Dorothy M. Catapane are the fee-simple
owners of a parcel of land located at 2613 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 C-5 (Commercial 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
C-5 (Commercial with a residential equivalent of 5 units/acre) for the
property hereinafter described; and
ORB
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:
Lot 30, 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 east side of
North Federal Highway, at 2613 North Federal Highway;
and containing a 0.534 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 Sto~ater 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. 12-94
! t
ORB 8&5 850
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 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 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 dependen~ 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:
First Reading March 8, 1994
Second Reading March 22, 1994
- 3 - Ord. No. 12-94
ORB 86513 Pg (SSi.
II II I DOROTHY H. WILKEN, CLERK PB COUNTY, FL
N. FEDERAL U'NINCORPORATED ENCLAVES
PROPOSED FOR ANNEXATION .-
LEGEND
PARCEL, , 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. 16-94
~'~,_~ K. 17-94
L, 18-94
I- ~ NUMBD~
N
II
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.
WHEREAS, Richard C. and Dorothy M. Catapane are the fee-simple
owners of a parcel of land located at 2613 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 C-5 (Commercial 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
C-5 (Commercial 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:
Lot 30, 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 east side of
North Federal Highway, at 2613 North Federal Highway;
and containing a 0.534 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. 12-94
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, 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 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:
First Reading March 8, 1994
Second Reading March 22, 1994
- 3 - Ord. No. 12-94
N. FEDERAL UNINCORPORATED ENCLAVES
PROPOSED FOR ANNEXATION
LEGEND
.~ca.
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. ~-~
L. 18-94
FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of S~a~e
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. Harry:
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
ORB
mi ! i · imm i! mi i i il! m m mil
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 Richard C. Catapane and Dorothy M.
Catapane, ("Owner").
W I TNE S SETH:
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
and facilitate its development, to the terms
property
pursuant
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 is classified as
general retail merchant and a single family residence which are
presently allowed as permitted uses pursuant to the City's Land
Development Regulations, and it is the intent of the parties
that the current uses may continue as permitted uses, pursuant
to the City's Land Development Regulations, without any further
approval by the City; 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 City agrees to permit the
current uses of the property which consist of a retail merchant
use, antique sales, outdoor weekend flea market vendors, and an
accessory single family residence as permitted uses pursuant to
the City's Land Development Regulations, without any further
approval by the City.
3. Compliance with City Sign Code. 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 code by removing the existing signage attached to the
north and south sides of the perimeter fence. Owner further
agrees to relocate to the existing free-standing sign in
conformity with the City's setback requirements when the Owner
decides to replace the existing free-standing sign structure.
4. Compliance with the City's Landscape Code. Within
twelve (12) months 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. Weeding and clean-up of the existing landscape
area within the frontage along Federal Highway,
b. Enhancing the frontage along Federal Highway by
planting additional bougainvilla plants within the
existing landscape area in order to provide sufficient
screening of the parking lot from the roadway,
c. Planting three trees of the Owner's choice
within the frontage along Federal Highway at 30 feet on
center, and
d. Provide sod and irrigation within the utility
strip along the front of the property.
e. The existing perimeter fence is allowed to
remain and be maintained in its current location.
5. Compliance with the City's Occupational License Fees.
The Owner understands that each business operator on the
property shall pay to the City one annual payment for the
occupational license fee. 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
occupational license fee for the Antique Shop is $80.00 per
year. For subsequent years, the amount to be collected as an
occupational 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 $175.86.
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 twelve (12) months 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
1 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 2,826.15
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 Assigns. This Agreement shall be
binding on the Owner, and their 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
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To Owner: Richard C. Catapane
2423 Timber Creek Circle
Boca Raton, FL 33431
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
5
ORB
provisions 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 Agreement. 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
~ ~?~his Agreement, and the acceptance of same by the Owner.
IN WITNESS WHEREOF, the parties hereto have entered into
reement the day and year written above.
CITY OF,~~ BEACH, FLORIDA
City C!~rk ~h~mas ~f~ch, Mayor
as to Form:
~~:.'.'~ City Attorney
~ ' /~~ Catapane
(Print or Type Name)
(Print or Type Name)
ORB ~552 Ps
STATE OF ~'1
COUNTY OF ~-Oc~lm
Th~ fore~oin~ insgrumont was acknowleO~O b~fore
this I~ day of ~Z , )qqg
~' ~~ e ~~~ (name of person acknowledged),
who ~s personall~ known go mo or~ has produced _
~ '~{~ -- ~ ~ -- ~7~ - & (type of identification) as
identification and who did (did not) take an oath.
hcknow}~ent
· ~: -.- :*5 Printed or Stamped
¢,'~% ~CC 295661
C, ST~T,,,,"
ORB L~552 P~ ~1.&82
Dr, ROTHY_. . H. NIl_KEN, CLERK PP.. uJu~;~,~c""~" FL
Lot 30, Delray Beach Estates, as recorded in Plat Book 21, Page
13 of the Palm Beach County Records.
Ozd. ~2-94
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 .is
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
N. FEDEF~L UNINCORPORATED ENCLAVES
LEGEND
PARCEL ORD,~
B. 8-94
C. 9-94
.., ,.. ~..,~ .:., ..:-/'," ?~ ':':' ;.
E. 11-94
F. 12~'94
: . '~ . . ?~ .'~' '~?'~'. ·
J. 16-94
L. 18-94
- ADDRI~S NUMBER
TO: MAYOR AND CITY COMMISSIONERS ~~. /~~'~ L~3~ '
SUBJECT: AGENDA ITEM ~/O~ - C ~ - 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
EFFECTIVE DATE. This Ordinance shall become effective the
earlier
(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.
M E M O R A N D U'M
TO: ALISON MACGREGOR HARTY, CITY CLERK
FROM: PLANNING DEPAR'I~ENT~0.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.
PLANNING & ZONING
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFA.I $
2 7 4 0 c E N T E R V I E w D R I V E · T A L L A H A S $ E E, F L O R 1~:~:;,3~3 9 - 2 ]-.~1 0
Gover~r
Mayor of Delray Beach
City of Delray Beach
100 No~hwest First Avenue
Delray Beach, Florida 33444
Dear Mayor L~ch=
The Depa~ment has completed its review of the adopted
Comprehensive Plan ~en~ent (Ordina~ce Nos. 67-93, 68-93,
69-93, 70-93, 71-93, 73-93, 75-93, 76-93, 80-93, ~d 81-93~
DCA No. 93S1) for ~e City of ~lray ~ach, as adopted on
Dece~er 7, 1993 and dete~ined that it meets the retire-
ments of Chapter 163, Pa~ II, Florida Statutes, for compli-
ance, as defined in S~section 163.31S4(1)(b).
ment is issuing a Notice of Intent to fin~ ~e plan ~end-
ment In Compliance. ~e Notice of Inter has been sent
the News for p~lication on March 20, 1994.
Please note that a copy of ~e adopted 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 holidays, Outing 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.
The adoption ordinances for ~is ~en~, Ordinance No~.
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 ~~t. ~cal
gove~ents are bo~d by ~e effective date provisions of Section
163.3189(2) (a), F.S. ~e City of Delray Beach must ensure tha2
all adoption ordinances are consistent wi~ ~ese provisions.
EMERGENCY MANAGEMENT · HOUSING AND COMMUNITY DEVELOPMENT · RESOUItCE I~ANNING AND MANAGEMENT
The Honorable Thomas E. Lynch
March 18, 1994
Page Two
Statues, whichever occurs earlier. No development orders,
development peraits, or land uses dependent on ~his maend-
ment Bay be issued or coaence before it has become effec-
tive. If I final o~er o~ ~~l~ce ~ ~eu~ ~ ~e
effective a~, a ~-"0~ ~ich ~aolu%iona a~all ~ aen~
to ~e ~~n~ o~ Co~i~ Af~ai~, ~u o~ ~cal
Pl~i~, 274e ~e~i~ ~ive, Tall~assee, Florida 32399-
210~. ~
~er, the Depa~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. ~y
affected person, ~ay file a petition ~i~ the agency wi~in 21
days after ~e p~lication of ~e no~ice of inten~ pursuant to
Chapter 163.3184(9), F.S.
~ adopted ~en~ent who.e 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 or,er of ~e A~inistration
Co~isaion. 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 ma~er provided by law. Again, no development
order may be au~orized ~til ~e effective date ia dete~ined.
If you have any ~eation., please contact me, Maria ~adal,
Plan Review A~inistrator, or. Suza~e ~llamy Wo~cock, Planning
Manager, at (904) 487-4545.
Sincerely,
~arle~ G. Patti~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 Coast Regional
Pla~ing 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. let 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. let
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. 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.
WHEREAS, Richard C. and Dorothy M. Catapane are the fee-simple
owners of a parcel of land located at 2613 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
~HEREAS, Ric~ha~ C. and Doroth_~, M. Catapane have__~reed to
annex the ~ubje/c~prope~ pur~o~t~e te~s-~c6nditions~
contained ttached
hereto an~ inco~orated he
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 C-5 (Commercial with a
residential equivalent of 5 units/acre); and
WHEREAS, th~'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
C-5 (Commercial 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:
Lot 30, 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 east side of
North Federal Highway, at 2613 North Federal Highway;
and containing a 0.534 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
~ -- ~d~t~- ' Annaxation
197, an~ inc!ud'_~n9 th~ ~--m~ ~d .... i~..~ contalned in the
h .... ~ ........... and
Agrecment attachcd hcreto ~
an_ incorporated .c~_i.. ~"~ "~__~
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 SM/iLL 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 T~E 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 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.
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
A. 7-94
B. 8-94
C. 9-94
O. 10-94
H. 14.-g4
J. 16-94.
~ K. 17-94
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM ~ q C - MEETING OF APRIL 19. 1994
ANNEXATION AGREEMENTS/NORTH FEDERAL HIGHWAY PROPERTIES
DATE: APRIL 15, 1994
Consider two annexation agreements for properties at 2399 and 2613
North Federal Highway.
The North Federal Highway Annexations and Agreements were before the
City Commission at the regular meeting of March 22, 1994. Three of
the agreements were not approved because of concerns that were
expressed by a representative of the property owners. These concerns
were addressed, and two of the executed agreements are now submitted
for Commission review.
Recommend approval of two annexation agreements for properties at
2399 and 2613 North Federal Highway.
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M~MORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: ANNEXATION AGREEMENTS/NORTH FEDERAL HIGHWAY PROPERTIES
DATE: APRIL 15, 1994
ITeM BEFORE THE COMMISSION:
Annexation agreements for two properties located on North Federal
Highway, pursuant to City Commission Direction.
BACKGROUND:
The North Federal Highway Annexations and Agreements were before
the City Commission at the regular meeting of March 22, 1994.
Three of the agreements were not approved because of outstanding
concerns that were brought forward by the Attorney representing
the property owners. Staff has since met with each of the three
property owners and have resolved their concerns. Two of the
executed agreements are, therefore, submitted for City Commission
approval. The third will be scheduled as soon as the executed
document is received.
RECOMMENDATION:
Staff is recommending City Commission approval of the Annexation
Agreements as submitted for properties addressed as 2399 and 2613
North Federal Highway.
LB:DQ
Attachments
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Annex. LB
, Agenda Item No.: ~
AGENDA I~EQUEST
Date: 4/15/94
Request to be placed on:,
X
Regular Agenda Special Agenda _ Workshop Agenda
When: 4/19/94
Description of agenda item (who, what, where, how much)=
Annexation A~reements - North Federal Highwa7 Prope.r. ties
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recomme nda t ion: Approval
Department Head Signature:
Determination of Consistency w nsive Plan=
City Attorney Review/ Recommendation (if applicable)=
Budget Director Review (required on all iteBs involving expenditure
of funds):
Fundinq available~ YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved fo, agenda: ~,/ NO f~l
Hold UntiL:
Agenda Coordinator Review:
Received:
Act£on: Approved/Disapproved
ANNEXATION AND DEVELOPMENT AGREEMENT
THIS AGREEMENT, entered into on this day o f
, 1994, by and between the CITY OF DELRAY BEACH,
("City"), a Florida municipal corporation located in Palm Beach
County, Florida, and Richard C. Catapane and Dorothy M.
Catapane, ("Owner") .
W I T N E S S E T H:
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 is classified as
general retail merchant and a single family residence which are
presently allowed as permitted uses pursuant to the City's Land
Development Regulations, and it is the intent of the parties
that the current uses may continue as permitted uses, pursuant
to the City's Land Development Regulations, without any further
approval by the City; 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 City agrees to permit the
current uses of the property which consist of a retail merchant
use, antique sales, outdoor weekend flea market vendors, and an
accessory single family residence as permitted uses pursuant to
the City's Land Development Regulations, without any further
approval by the City.
3. Compliance with City Sign Cod~. 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 code by removing the existing signage attached to the
north and south sides of the perimeter fence. Owner further
agrees to relocate to the existing free-standing sign in
conformity with the City's setback requirements when the Owner
decides to replace the existing free-standing sign structure.
4. Compliance with the City's Landscape Code. Within
twelve (12) months 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. Weeding and clean-up of the existing landscape
area within the frontage along Federal Highway,
b. Enhancing the frontage along Federal Highway by
planting additional bougainvilla plants within the
existing landscape area in order to provide sufficient
screening of the parking lot from the roadway,
c. Planting three trees of the Owner's choice
within the frontage along Federal Highway at 30 feet on
center, and
d. Provide sod and irrigation within the utility
strip along the front of the property.
e. The existing perimeter fence is allowed to
remain and be maintained in its current location.
5. Compliance with the City's Occupational License Fees.
The Owner understands that each business operator on the
property shall pay to the City one annual payment for the
occupational license fee. 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
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occupational license fee for the Antique Shop is $80.00 per
year. For subsequent years, the amount to be collected as an
occupational 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 $175.86.
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 twelve (12) months 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
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earlier than October 31, 1995. The reduced fees for sewer
connection are:
3/4" meter $ 250.00
1" meter 417.50
1 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 2,826.15
2" meter 4,351.15
10. Enforcement of Aqreement. 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 their 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
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To Owner: Richard C. Catapane
2423 Timber Creek Circle
Boca Raton, FL 33431
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
5
provisions 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.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Thomas Lynch, Mayor
Approved as to Form:
City Attorney
WITNESSES:
~~-~/,~~Z ~-~-- ~ ~ ~-' Ca tapane
(Print or Type Name)
6
COUNTY Or
The foregoing instrument was acknowledged before me
this i~+~ day of ~~ , }~ by
'~ ~~ e ~~~ (name of person acknowledged),
who ~s porsonall~ known go mo or has producod
~ ?~ -- 7~% --~-~77 - & (type of identification) as
identification and who did (did not) take an oath.
'Si'g~at~ Person Taking
. .~m,~ Acknow~ment
~ ~,~.$'$~ ~ Name of Acknowledger Typed,
· ~ { -.- :*5 Printed or Stamped
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