13-94 CERTIFICATION
I, ALISON MacGREGOR HARTY, City Clerk of the City
of Delray Beach, Florida, do certify that the attached is a
true and correct copy of Ordinance No. 13-94, annexing
certain property to the City of Delray Beach, as the same
was passed and adopted on second and final reading by the
City Commission of the City of Delray Beach, Florida, in
regular session on March 22, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand
and the official seal of the City of Delray Beach, Florida,
on this the 25th day of March, 1994.
Alfson MacGregor- H~ty
City Clerk
City of Delray Beach
THE EFFORT ALWAYS MATTERS
Pr,,'~ted, ,': f~e?ycled Paper
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.
WHEREAS, Richard E. Panagos is the fee-simple owner of a
parcel of land located at 2605 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 31, 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 2605 North Federal Highway;
and containing a 0.613 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. 13-94
Section 6. That the City of Delray Beach elects to make this
small scale amendment by having only an adoption hearing, pursuant to
Florida Statutes Section 163.3187(1) (c)4.
Section 7. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in Zoning District GC (General
Commercial) as defined by existing ordinances of the City of Delray
Beach.
Section 8. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 9. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 10. That this ordinance shall become effective as
follows: As to the annexation and zoning, immediately upon passage on
second and final reading; as to the small scale land use plan amendment,
the date a final order is issued by the Department of Community Affairs
or Administration Commission finding the amendment in compliance in
accordance with Section 163.3184, 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 22r 1994
- 3 - Ord. No. 13-94
Return to: (enclose self-addressed stamped envelope)
Name
Address:
N. FEDERAL UNINCORPORATED ENCLAVES
PROPOSED FOR ANNEXATION
A. 7-94
I, 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
N
WEEKLY STATUS REPORT
July 8, 1994
1. . COMPREHENSIVE PLAN AMENDMENT(S)- The Department of
Community Affairs has completed its review of the
City's Comprehensive Plan Small-Scale Amendment (Ordinance
Nos. 7-94, 10-94, 13-94, 14-94, 15-94 and 17-94; DCA No.
94Sl) as adopted on March 22, 1994, and has determined
that it meets the requirements for compliance. The
Department is issuing a Notice of Intent to find the plan
amendment in compliance. The Notice of Intent was sent to
the News for publication on June 30, 1994.
FLORIDA DEPARTMENT OF STATE
Jim Smith, Secretary of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
Tallahassee, Florida 32399-0250
(904) 488~427
March 4, 1994
Ms. Alison MacGregor Harty
City Clerk
City of Delray Beach
100 Northwest 1st Avenue
Delray Beach, Florida 33444
Dear Ms. Harty:
This will acknowledge your letter of March 25, 1994 and
certified copy of Ordinance Nos. 6-94, 7-94, 10-94, 13-94,
14-94, 15-94 and 17-94 annexing certain lands into the City
of Delray Beach, which were filed in this office on March 30,
1994.
Liz Clou~, Chief
Bureau of Administrative Code
LC/dlb
CITY CLERK
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.
WHEREAS, Richard E. Panagos is the fee-simple owner of a
parcel of land located at 2605 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 31, 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 2605 North Federal Highway;
and containing a 0.613 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. 13-94
............... Section 6. That the City of Delray Beach elects to make this
small scale amendment by having only an adoption hearing, pursuant to
Florida Statutes Section 163.3187(1) (c)4.
Section 7. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in Zoning District GC (General
Commercial) as defined by existing ordinances of the City of Delray
Beach.
Section 8. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 9. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 10. That this ordinance shall become effective as
follows: As to the annexation and zoning, immediately upon passage on
second and final reading; as to the small scale land use plan amendment,
the date a final order is issued by the Department of Community Affairs
or Administration Commission finding the amendment in compliance in
accordance with Section 163.3184, 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:
-- ~Ci~ ~erk '
First Reading March 8, 1994
Second Reading March 22, 1994
- 3 - Ord. No. 13-94
N. FEDERAL UNINCORPORATED ENCLAVES
PROPOSED FOR ANNEXATION
PARCE. ORD.#
A. 7-94
B. 8-94
C. 9-94
D. 10-94
E. 11-94
F. 12-94
G. 1,3-94
H. 14.-94
I. 15-94
J. 16-94
K. 17-94
L. 18-94
I - N31:¥~rSS NUMBER
N
M E M 0 R A N D U M C~ l~msno~a
TO: MAYOR AND CITY COMMISSIONERS ~S~%~J ~ -C
CITY NAGER
SUBJECT: AGENDA ITEM #/O ~ - O ;~ - MEETING OF ~RCH 22r 1994
PUBLIC HEARINGS AND SECOND ~ADINGS FOR ORDINANCE NOS.
7-94 THROUGH 18-94/NORTH FEDE~ HIG~AY ANNE~TIONS
DATE: ~RCH 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 o~er 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 Co~ission directed staff to work diligently with the
affected property o~ers 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 o~ers 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 o~ers 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. ~ Zoning Board
formally reviewed these actions on ~ Q~.~ , and, after
hearing public co~ents, reco~end~
~pl~o~~~ ~ to 1 vote
(Carolyn
Young
dissenting).
Roco~ond approval of ~nnoxat~on ~r ~~~ th Ord~nanco
~os. 7-94 through 18-94, ~nclusiTo, o / ead~n~.
ref:agmemo
£1TV I:IF I]ELRIIY BER£H
. ' ., : ._'.' E · - , ;: BE.:~CH :-LOR!DA 33444 · 407 243-7000
1993
March 25, 1994
Clerk of the Circuit Court
in and for Palm Beach County
Recording Department
P.O. Box 4177
West Palm Beach, FL 33402-4177
Dear Sir or Madam:
Enclosed please find a certified copy of each of the following
annexation ordinances for recording:
Ordinance No. 6-94
Ordinance No. 7-94
Ordinance No. 10-94
Ordinance No. 13-94
Ordinance No. 14-94
Ordinance No. 15-94
Ordinance No. 17-94
passed and adopted on second and final reading by the City
Commission of the City of Delray Beach, Florida, in regular session
on March 22, 1994.
Upon recordation, kindly return the documents to this office.
Please bill to the City's Account #87211.
If you have any questions, please do not hesitate to contact me at
407/243-7050. Thank you for your assistance.
Sincerely,
Alison MacGregdr Harty
City Clerk
AMH/m
Enclosures
THE EFFORT ALWAYS MATTERS
[:lTV I:IF I:IELRI:I¥ BEI:I[H
:.~ ~ i< !00'~ ~¥, :~t &VENUE · DELRA¥ BEACH, FLORIDA 33444 · 407/243-7000
1993
Aud±tor
Waste Management Co.
651 Industrial Way
Boynton Beach, FL 33426
Re: Annexation Ordinances/City of Delray Beach
Dear Mr. Harris:
As requested, enclosed please find copies of the ordinances and
other pertinent information relating to recent annexations by the
City of Delray Beach, Florida. They are as follows:
Ordinance No. 44-93 (Taheri Annexation)
Adopted August 10, 1993/effective immediately
Ordinance No. 62-93 (Sunset Pines, et al)
Adopted November 9, 1993/effective immediately
Ordinance No. 6-94 (A portion of Blood's Groves) Adopted March 22, 1994/effective immediately
Ordinance No. 7-94 )
Ordinance No. 10-94 )
Ordinance No. 13-94 ) North Federal Highway Annexations
Ordinance No. 14-94 ) effective immediately (3/22/94)
Ordinance No. 15-94 )
Ordinance No. 17-94 )
I believe Waste Management was previously provided copies of
Ordinance Nos. 44-93 and 62-93. In the future, I will route
information concerning annexations directly to your attention.
If you have any questions, please do not hesitate to contact me at
407/243-7050.
Sincerely,
Alison MacGregdr Harry
City Clerk
AMH/m
Enclosures
THE EFFORT ALWAYS MATTERS
Printed On Recycled Paper
£1TY OF I:IELAI:IY BEI:I£H
DELI~ 8 E.A, oC H'
' ' 10<3'~ ,~ ~: A'VE%~,E · OELRAY 8EAC~. ;LORIOA 3~.~_~ · 407/243.7000
]993
FROM: PAUL DORLING, ONION PLANNER
DATE: MARCH 23, 1994
SUBJECT; FEDERAL HI:GHW&¥ ENCLAVE ANNEXAT'XON:~
On March 22, 1994, the City Commission apgrov~:l on second and 21mml
reading ordinances annexing 12 enclave. In the North Federl! area.
properties labeled as A, D, G, H, l, and K on the att&chad map.
Properties labelled B, C, E,
oF'tJ'f h® and h were annexed with an
date
Of
earlier
following~ prior to e~fectlve
date of any modification to the ELMS leglllatioa which would
prohibit annexation of these enclaves or M&rch l, 1995.
The attached map shows the location of properties (A, D, G, H, ! &
K), which are now within the mur;.clpal bound&rlel~ and under
municipal ~urisdlction. The follo~ng dmt& on each enclave is
attached for your ln£or~tlon. An annexation brief will be
forwarded to you on parcels B,C,E,F,J,&nd h when these annex&tion.
become effective. I~ you have any questions please call ~e at ext.
7043.
PD\leh
Attachment
THE E;;ORT ALWAYS MATTERS
N. FEDERAL UNINCORPORATED ENCLAVES
LEGEND
P~ce.,
,~ A. 7-94
% 8. 8-94
C. 9-94
~ D. i0-94
E. t 1-94
~ F. 12-94
~ G. 1,.3-94
~. H. 14.-94
,,~ I. 15-94
J. 16-94
~ K. 17-94
I. 18-94
N
NORTH FEDERAL HIGHWAY ANNEXATION BRIEF
Parcel A (Lots I & lA, Delray Beach Estates) 00-43-46-04-08-000-0010
Parcel D (Lot 13, Delra¥ Beach Estates) 00-43-26-04-08-000-0130
Parcel G (Lo= 31, Delra¥ Beach Estates) 00-43-46-04-08-000-0310
Parcel H (Lot 32, Delra¥ Beach Estates) 00-43-46-04-08-000-0320
Parcel I (Westerly 225 feet of Lot 37) 00-43-46-04-08-000-0371
Parcel K (Lot 40, Delra¥ Beach Estates) 00-43-46-04-08-000-0400
Acreaqe= See attached chart
Number o£ -
aulldingo ..
Taxable Values On Site County Street Addreoe
Parcel A $ 93,632 0 Vacant
Parcel D $ 161,344 2 2512 North Federal Highway
Parcel G $ 137,410 3 2605 North Federal Highway
Parcel H $ 194,466 4 2601 North Federal H~ghway
Parcel ! $ 149,273 1 2401 North Federal H~ghway
Parcel K ~ 327;558 2 2213 North Federal H~ghway
$1,063,683
Ownlr"l
Parcel A Smith, R.I. & Darleen M.
610 S.B. 2nd Avenue
Pompano Beach, FL 33060
Parcel D Bland, V.C. &
3 Harbour Drive No~h
Ocean Ridge, FL 33435
Parcel G Panagoo, Richard
2506 North Federal Highway
Delra¥ Beach, FL 33483
Parcel H O'Br~en, Surer & O'Brian, Inc.
2601 North Federal Highway
Delray Beach, FL 33483
£1T¥ OF DELRII¥ BEI:II:H
FIRE DEPARTMENT
MEMORANDUM
TO: PERSONS ADDRESSED
FROM: MICHAEL D. CATO, DIVISION CHIEF
DATE: MARCH 23, 1994
SUBJECT: ANNEXATIONS
The following property was annexed into the City of Delray
Beach effective March 22, 1994.
ORD. NO. ADDRESS AND DESCRIPTION
7-94 Vacant Property north of 2222 North Federal Hwy.
10-94 2512 North Federal Hwy.
13-94 9~60§ North Federal Hwy.
14-94 2601 North Federal Hwy.
15-94 9401 North Federal Hwy.
17-94 2213 North Federal Hwy. ~
Michael D. Cato
Division Chief
MDC/ckc
FIRE DEPARTMENT HEADQUARTERS. 101 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444
407/243-7400 · FAX 407/265-4660
MEMORANDUM
TO: ALISON MACGREGOR HARTY, CITY CLERK
FROM: PLANNING DEPARTMENT~.{O.~o~..~X
RE: ORDINANCES LANGUAGE FOR COMPREHENSIVE PLAN AMENDMENTS
DATE: MARCH 22, 1994
Please note DCA's comments re ordinance language for the
effective date of adoption of comprehensive plan amendments. The
new language needs to be incorporated in future ordinances.
Thanks.
PLANNING & ZONING
=.. _..
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 S E E , F L O R 1~;,3~J3 9 9 - 2 :~°,0 0
LAWTON CHILES March 18, 1994 ~ , - _ ~ -'
The Honorable ~o~as E. L~ch ~x~.~
Mayor of Delray Beach
City of Delray Beach
100 Northwest Firs~ Avenue
Delray Beach, Florida 33444
Dear Mayor Lynch:
The Depa~ment has completed it~ review of the adopted
Comprehensive Plan ~en~ent (Ordinance Nos. 67-93, 68-93,
69-93, 70-93, 71-93, 73-93, 75-93, 76-93, 80-93, and 81-93~
DCA No. 93Sl) for ~e City of ~lray ~ach, as adopted on
Dece~er 7, 1993 and dete~ined that it meets the re~ire-
ments of Chapter 163, Pa~ II, Florida Statutes, for compli-
ance, as defined in S~section 163.3184(1)(b). ~e ~pa~-
ment is issuing a Notice of Intent to find ~e plan ~end-
ment In Compliance. ~e Notice of Intent has been sent to
the News for p~lication on March 20, 1994.
Please note that a copy of the 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, during no~al business hours, at the
City of Delray Beach City Hall, Pla~ing Zoning ~pa~ment, 100
No~hwest 1st Avenue, ~lray Beach, Florida 33444.
~e adoption ordinance~ for ~is ~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 the effective date of ~e plan ~en~ent. ~cal
gove~ents are bo~d by ~e effective date provis~ons of Section
163.3189(2) (a), F.S. ~e City of Delray Beach must ensure
all adoption ordinances are consistent wi~ these prov~sions.
~he ~o11~.::~~ ~m the adoption o~i~~' al ~m~
~ule ~-11.011, ~.~.C:
The e~i~' ~a~e ~ '~e ~ ~en~en~: ~ be ~he ~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 development orders,
development per. its, or land usee degendent on ~his a~end-
ment~a¥ Me il~ued or co~ence ~fore it has ~co~e effec-
tive. If a final order of ~Ii~ is i~ bM
A~ini~tration C~ia~ion, ~e ~~ ~ neve~eless
be ~ ~Ee~ve by ado~.~a re~I~a~fi~i~ its
effeC~ive s~, a ~of~ich ~01u~lons shall ~ sen=
to ~e ~~n~ o~ C~i~ Affairs, ~u ~f ~al
Pla~i~, 2?49 C~te~i~ ~ive, ~ll~ssee, Florida
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
no timely petition challenging ~e ~en~ent is filed.
affected person, may file a petition wi~ the agency wi~in 21
days after the p~lication of ~e notice of intent pursuant
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 order of ~e A~inistration
Co. lesion. 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 manner provided by law. Again, no developaent
order may be authorized ~til ~e effeotive date is dete~ined.
If you have any ~estions, please contact me, Maria ~adal,
Plan Review A~inistrator, or. Suza~e ~11~y Wo~cock, Planning
Manager, at (904) 487-4545.
Sincerely,
and Management
CGP/ddw
Enclosure: Notice of Intent
David Kovacs, Director of Planning
Daniel M. Ca~, Executive Director, Treasure Coast Regional
Planning Co,oil
M E M 0 R A N D U M Ca
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {
/
SUBJECT: AGENDA ITEM #/O~ - ~ ;Q - 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
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 se~' 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. 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.
WHEREAS, Richard E. Panagos is the fee-simple owner of a
parcel of land located at 2605 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 p~operty 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, Richard E. Panagos has ag~ed to annex the subject
property~ursua~t~-~6~ t~ ts rms/~~i ~~~i n this
ordinance~~_i~ the~3n __~greez~F~-~at~d hereto and
incorpor~rfed~rein as Exhibit 'Q%~i 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, 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 31, 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 2605 North Federal Highway;
and containing a 0.613 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
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 DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO
PROCEED UNDER T~IE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AM~NDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 13-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED AT 2605 NORTH FEDERAL HIGHWAY, AND BEING MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 14-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED AT 2601 NORTH FEDERAL HIGHWAY, AND BEING MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 15-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED AT 2401 NORTH FEDERAL HIGHWAY, AND BEING MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 16-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED AT 2399 NORTH FEDERAL HIGHWAY, AND BEING MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 17-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED AT 2213 NORTH FEDERAL HIGHWAY, AND BEING MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 18-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED AT 2101 NORTH FEDERAL HIGHWAY, AND BEING MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO
PROCEED UNDER 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.
A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE
PROPERTIES TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL
DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A
COPY OF EACH OF THE ORDINANCES HEREINABOVE NAMED CAN BE OBTAINED
FROM THE OFFICE OF THE CITY CLERK, CITY HALL, 100 N.W. 1ST
AVENUE, DELRAY BEACH, FLORIDA.
(INSERT ATTACHED MAP HERE)
The above notice is published as required by State law. The
proposed ordinances and complete legal descriptions of the
properties to be annexed may be inspected at the Office of the
City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida, between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, excluding holidays.
The City Commission will meet in the Commission Chambers at City
Hall on TUESDAY~ MARCH 22~ 1994, AT 7:00 P.M. (or at any
continuation of such meeting which is set by the Commission), at
which time the ordinances will be read by title only and all
persons interested will be given an opportunity to be heard.
Please be advised that if a person or persons decides to appeal
any decision made by the City Commission with respect to any
matter considered at this meeting or hearing, such person(s) will
need a record of these proceedings, and for this purpose such
person(s) may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. The City does not
provide nor prepare such record. Pursuant to F.S. 285.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
March 12, 1994 Alison MacGregor Harty
March 19, 1994 City Clerk
N. FEDERAL UNINCORPORATED ENCLAVES
PROPOSED FOR ANNEXATION
_,
A. 7-94
B. 8-94
C. 9-94
D. 10-94
F. I 1-94.
F. 12-94.
G. I.3-94
H. 14.-94
I. 15-94
J. 16-94
~ K. 17-94
L 18-94
N
A. Motion and Titlet Btar£ recommends motion to ezeoute= an
Interlocal Agreement between Palm Beach County and the City of
Delra¥ Beach providing for annexation of eight enclaves.
B. Su~&ry: Chapter 171.046, F.S., allows annexation of enclaves
of ten acres or less of developed land if the municipality
(the City of Dalray Beach) and the County having jurisdiction
over such enclaves enter into an Interlocal Agreement. This
Interlocal Agreement addresses %he 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. Dlstric~ 4,
C. Background end ~ustification: The City of Oelray Beach has ·
identified eight enclaves that ara 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, My amending Chapter 171, Florida
Statutes, has created a means for ~he 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 Pals Beach County Planning Division supports these annex-
ations. Objective 1 of the Palm Beach County Comprehensive
Plan, Intergovernmental Element, encourages the annexation of
enclaves "that result in inefficient service delivery". The
attached Interlocal Agreement implements the requirements of
Florida Statutes and is consistent with the Palm Beach County
Comprehensive Plan.
A per, ion of Enclave No. 8, known ae the Dmlra¥ Swap Shop
properties, is proposed to b e annexed on a voluntary basis and
is not paz~c of this Interlocal Agreement.
The annexation of ~hese enclaves is b~ing opposed by some
lan~ownere. Both written and oral colmunicatione 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 stringent, the
concerns are best addressed by Delray. The City held a
meeting on Thursday, January 13, 1994 at 2:00 p.m. to discuss
these annexations and answer questions.
D. Attachments: 1. XnteFlocal Agreemep,t with Nap of Enclaves
2.
/
_
Approved
D.o . 54.0
I ZZ. /'ZIC.~L ZMP> ,~I"AZ, YSZe
A. Five Year S,,m~ary of Fiscal Impact:
Fiscal Years 1993 1994 1995 1996
Capital Expendituree
Operating Coats
Operating Revenues
Ia Item Included In ~urrent Budget Yes__ No ....
Budget Account No: Fund Agency Org. . Object
Reporting Category
Recommended Sources of Funds/Summary of Fiscal Impact
A. OFMB Fiscal and/or Contract Administration Comments:
B. Legal Sufficia.cy: ~O~ ~e%~~,
' Assistant [oun~y At~rney
C. Other Departmen: Review:
Depar~ent Director
This smmary is not to be used aa a b~sis o£ palment.
CITY DF DELRAY BEACH
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.
: 5....h t.',,?,, Barbara Garito
.." " :" Acting City Clerk
~L _~,, ~ :,.--. , ,.'.
' City of Delray Beach, Florida
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R94 3540
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 Beach have
determined that it is appropriate and will promote efficient provision
of governmental services for the City to annex certain enclaves;
WHEREAS, the County and the City have determined that the parcels
to be annexed pursuant to this lnterlocal agreement are improved
property based upon the availability of water and sewer systems; the
availability and access to public right-of-way; that the lots have
previously been cleared; and that the lots have been subdivided as shown
on recorded or unrecorded plats;
R94 354D
WHEREAS, it has been determined by the City that the parcels to be
annexed via this interlocal agreement meet the requirements set out in
Section 171.031(13)(a) and (b), Fla. Stat. and 171.046, as such enclaves
are developed or improved, are less than ten (10) acres and size, and
are completely surrounded by the City or are surrounded by the City and
a natural or man-made obstacle that 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
DELP~Y BEACH, FLORIDA THAT:
Section 1. The Mayor is hereby authorized and directed to'execute
an interlocal agreement (attached hereto and incorporated herein as
Exhibit "A") with Palm Beach County on behalf of the City of Delray
Beach.
Section 2. Upon execution of the interlocal agreement, the City
Clerk is hereby directed and authorized to transmit sufficient copies of
same to the appropriate offices of Palm Beach County for Palm Beach
County's consideration of execution of the Intergovernmental Agreement
and thereafter the execution thereof.
Section 3. This Resolution shall take~fect upon adoption.
ATTEST:
540
2 Res. No. 107-93
R94 )b4 O
NORTH FEDERAL HIGHWAY ANNEXATIONS
LEGAL DESCRIPTIONS
Parcel 1: Lots 1 and lA, Delray Beach Estates, as recorded in
Plat Book 21, Page 13 of the Palm Beach County Records.
Parcel 2: The easterly 134.55 feet of lot 5, Delray Beach
Estates, as recorded in Plat Book 21, Page 13 of the Palm Beach
County Records.
Lot 5, less the easterly 134.55 feet thereof, Delray
Beach Estates, as recorded in Plat Book 21, Page 13 of the Palm
Beach County Records.
Parcel 3: Lot 13, Delray Beach Estates, as recorded in Plat Book
21, Page 13 of the Palm Beach County Records.
Parcel 4: The northerly 20.25 feet of the westerly 186 feet of
lot 14 together with lots 15, 16 and 17, Delray Beach Estates,
as recorded in Plat Book 21, Page 13 of the Palm Beach County
Records.
Parcel 5: Lots 30, 31 and 32, Delray Beach Estates, as recorded
in Plat Book 21, Page 13 of the Palm Beach County Records.
Parcel 6= Lots 37 and 38, Delray Beach Estates, as recorded in
.Plat Book 21, Page 13 of the Palm Beach County Records.
Parcel 7: Lot 40, Delray Beach Estates, as recorded in Plat Book
21, Page 13 of the Palm Beach County Records.
Parcel 8: The northerly 100 feet of the southerly 503.4 feet of
the west one half (W1/2) of the southwest one quarter (SW 1/4)
of the southeast one quarter (SE 1/4) of Section 4, Township 46
South, Range 43 East lying easterly of Federal Highway (U.S. 1).
T:\advanced\ANNEXl.DOC
R94 )54U
N ANNEXATION AREAS
LANO US~ ELDaaET {POUCY e-a.a), oF THE crrrs
cn'Y OF DE'LRAY BEACH. FL
PLANNING DEPARTI, IENT ·
N. FEDERAL UNINCORPORATED ENCLAVES
PROPOSED FOR ANNEXATION
~'~(~~'~.~.T~ r 28 ENCLAVES TO Bt ANNEXED.
ENCLAVE~ TO l£
ANNEXEO ~I' AORE£M£NT.
· UNICORPORA~ COUNTY,
6 --J NOT u£LrT1N~ THE DrlrlHIl'iON
OF ' Em:LAVE'.
'70B
g i4 ~ (8~
R94 D
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
, 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 :}54D
WHEREAS, the County and the City have deter~ined 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
Sec=ion 3. Annex&tion
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 sba1! 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. Severabilit¥
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 Aqreement
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.
R94 354D
CITY OF~b~AY, BEACH., FLORIDA PALM BEACH COUNTY
· .'. ~h~.m~s E u.~nch, Mayor
,- AR 2 2
· · ,-.,~ .... ,*': 0 H. '
"' ' ATTEST: ' ATTEST:
, ... ~ ~rd~ of 6~Pu,*cL~.KCOUn~ Com~oncrs
:-, ~~ ~ .~'~.~
A~',~ CiCy..Clerk "
-~, COUNT
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DJK/ ISA. DOC
ENCLAVE NO. PROPERTY CONTROL ~ PROPERTY OWNER
AND LEGAL DESCRIP?ION
1 00-43-46-04-08-000-0010 Smith, R.I. & Darleen N.
Delra¥ Beach Estates 610 S.E. 2nd Avenue
Lot 1 Pompano Beach, FL 33060
2 00-43-46-04-08-000-0050 Compagno, J. & Lucllle
Delra¥ Beach Estates % Merkle Et. Al.
Lot 5 110 E. Atlantic Avenue, #400
Delra¥ Beach, FL 33444
2 00-43-46-04-08-000-0051 Altmlx, Don R.
Delra¥ 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
Delra¥ Beach Estates 3 Harbour Drive N.
Lot 13 Ocean Ridge, FL 33435
4 00-43-46-04-08-000-0142 Schwerin T.M. & Juliette M.
Delra¥ Beach Estates 2612 N. Federal Highway
Lot 14.2 Delray Beach, FL 33483
4 00-43-46-04-08-000-0160 Schwerin, Thomas M.
Delray Beach Estates 2612 N. Federa! Highway
Lot 16 Delra¥ Beach, FL 33483
5 00-43-46-04-08-000-0300 Catapane, RIchard C & Dorothy M
Delra¥ Beach Estates 2433 Timber Creek C~rcle
Lot 30 Boca Raton, FL 33431
5 00-43-46-04-08-000-0310 Panagos, Richard E.
Delra¥ Beach Estates 2605 N. Federal H~ghwa¥
Lot 31 Delra¥ Beach, FL 33483
5 00-43-46-04-08-000-0320 O'Brlen, Surer & O'Brlen Inc.
Delra¥ Beach Estates 2601 N. Federal Highway
Lot 32 Delra¥ Beach, FL 33483
6 00-43-46-04-08-000-0370 Merchel, Mary F.
Delra¥ Beach Estates 245 Lake Eden Way
LOt 37 Delra¥ Beach, FL 33444
6 00-43-46-04-08-000-0371 Bushle¥, Edgar J. Jr.
Delra¥ Beach Estates 2401N. Federal Highway
Lot 37.1 Delra¥ Beach, FL 33483
6 00-43-46-04-08-000-0380 Merchel, Mary F.
Delra¥ Beach Estates 245 Lake Eden Way
Lot 38 Delra¥ Beach, FL 33444
ENCLAVE NO. PROPERTY CONTROL J PROPERTY OWNER
AND LOCATION
7 00-43-46-04-08-000-0400 Solomon, Gerald J.
Delray Beach Estates 17096 Northwa¥ Court
Lot 40 Boca Raton, FL 33496
8 00-43-46-04-00-000-5040 Cart, Caoy T. & Elaine M.
North of the Flea Market 2740 S.W. llth Cour~
Parcel 504 Boynton Beach, FL 33426
8 00-43-46-04-00-000-5041 Cart J.Y. & Mar~lyn B.
North of the Flea Market 3654 S. Federal H~ghwa¥
Parcel 504.1 P.O. Box 524
Boynton Beach, FL 33425
pd/dbe.doc
- 2 -
TO: Mary McCas~y
Dick Morley
This letter is a follow up to our phone conversation last week. My husband Richard and
I own property at :2613 N. Federal Hwy. and have been Florida residents since 1970.
We are quite concerned with your plan of forced annexation of our property by the City
of Delray Beach. The property owners involved were never notified when the city planned to
vote on this issue. The only party concerned with our plight seems to be the media.
We sought out our property specifically because it was under county jurisdiction. We felt
county regulations/ordinances/etc, were much more condudve to establishing a business by
allowing more flexibility in usage to make the property productive. We had heard many
complaints from city property owners of the hassles and costs involved in dealing with city
authorities and wanted no part of that. Our property was purchased last spring and we are trying
to establish a small business to bring customers back to this area. We can not absorb the added
costs annexation would create.
The property owners involved are very upset that county officials never chose to discuss
with us the impact this transfer would have on us and how it would adversely affect us. We feel
as though we have been "abandoned." The annexation was previously defeated through
referendum and again through the "Enclave Act" granting an exemption. It is so unjust to
disregard us.
The county seems to be under the erroneous assumption that the city will grant us status
quo.. Owners who have spoken with 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) 278-34-14
cc: Kanm Marem
Carol Roberu
Warm~ New~
Bust Am'orison
94 354D
Ca~ Hamon, State ~ta~ve .,ir~-
Palm Beach County Commission
March 22, 1994
You have granted us a one week extension from 3/15 to 3/22/94 so that Delray Beach
officials could address the concerns of affected property owners. We do appreciate that extension.
The dty 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 owners. You are all very well aware that in a matter of days the
Elm's Law may not stand as now written. So why must you force a vote on this today?
Two weeks ago, Palm Beach County Commissioners allowed citizens to be devoured by
the City of Greenacres. Jupiter, on the other hand, decided to postpone indefinitely its
annexation proceedings. Now you hold the fate of still more County Enclaves in your hands.
The wise choice would be to proceed with caution now and not allow any more confiscation by
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.t approve of forced annexation. They feel and fear for their neigh.bors whose way of life,
livelihood, and financial security is put in jeopardy.
I'm sure you all swore to uphold the Constitution. How can you now take away our fights
to liberty, pursuits of happiness, and votes on an issue that directly and adversely affects us?
Think about it. That's just what you will be doing if you give final approval today. The only
fair and right decision today is to vote NO.
35 D