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14-94[lTV OF DELRI:I¥ BERgH/ CITY CLERK loo N.w. Ts,~,vENu~ · O~:,A¥,~ACH, ~-0''0,~33""4 · "0~"~-~00~ 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. 14-94, 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. THE EFFORT ALWAYS MATTERS ORB 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. WHEREAS, O'Brien, Suiter & O'Brien, Inc. is the fee-simple owner of a parcel of land located at 2601 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 32, 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 2601 North Federal Highway; and containing a 0.691 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. 14-94 ORB 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: J City ~erk - ! First Reading March 8, 1994 Second Reading March 22, 1994 - 3 - Ord. No. 14-94 Return to: (enclose self-addressed stamped envelope) Name Address: N. FEDERAL UNINCORPORATED ENCLAVES PROPOSED FOR ANNEXATION LEGEND 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 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. WHEREAS, O'Brien, Suiter & O'Brien, Inc. is the fee-simple owner of a parcel of land located at 2601 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 32, 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 2601 North Federal Highway; and containing a 0.691 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, includihg 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. 14-94 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: J City ~erk First Reading March 8, 1994 Second Reading March 22, 1994 - 3 - Ord. No. 14-94 N. FEDERAL UNINCORPORATED ENCLAVES PROPOSED FOR ANNEXATION ~ LEGEND i!~ ' PARCEL ORD.iII A. 7-94 B. 8-94 C. 9-94 D. 10-94 F. 12-94 G. 13-94 H. 14-94 I FLORIDA DEPARTMENT OF STATE Jim Smith, Secretary of State DIVISION OF ELECTIONS Bureau of Administrative Code The Elliot Building Tallahassee, Florida 32399-0250 ~904~ 488-8427 March 4, 1994 Ms. Alison MacGregor Harty City Clerk City of Delray Beach 100 Northwest lst 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~d, Chief Bureau of Administrative Code LC/dlb RECEIVED CITY CLERK 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. / -- (,'. TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM #/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 EIT¥ ql: [IEI. gg¥ EIEfl£H -' z · !~- *, ~' :LOR OA 33444 · 407 24:3 1993 March 28, 1994 Clerk of the Circuit Court in and for Palm Beach County Recording Department P.O. Box 4177 West Palm Beach, FL 33402-4177 Dear Sir or Madam: Enclosed please find a certified copy of each of the following annexation ordinances for recording: Ordinance No. 6-94 Ordinance No. 7-94 Ordinance No. 10-94 Ordinance No. 13-94 Ordinance No. 14-94 Ordinance No. 15-94 Ordinance No. 17-94 passed and adopted on second and final reading by the City Commission of the City of Delray Beach, Florida, in regular session on March 22, 1994. Upon recordation, kindly return the documents to this office. Please bill to the City's Account 987211. 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 CITY I]F [IELRrI¥ BErlCH 100'.v¥ i t ~VENUE · C)ELRAY BEACH, FLORIDA 33444 · 407/243-7000 1993 Mr. J.R. Harris Auditor 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 Harty City Clerk AMH/m Enclosures THE EFFORT ALWAYS MATTERS TO: IlB~I'~ LIST~ FROM: PAUL DORLING, ~NIOR PLANNER DATE: ~aARCH 23, 1994 SUBJECT: FEDERAL HIGHWAY ENCLAVE ANNEXATIONS On March 22, 1994, the City ¢o~liSliOn approved on second and fimll reading ordinances annexing 12 enclave8 in the North Federal area. Six of these enclaves were annexed lllediatel¥ and include properties labeled al A, D, G, H, I, and E on Chi attached map. Properties labelled S, C, E, F, J, and L we~e annexed with an effective date of the earlier of the following; prior to effective date of any modification to the ~LMS legislation which would prohibit annexation of these enclavel or M~rch l, 199S. The attached map shows the location of propertiel (A, D, G, H, I & K), which are now within the mur=cip~l boundaries, and under municipal Jurisdiction. The following data on each enclave Is attached for your information. An annexation brief will be forwarded to you on p~rcels B,C,~,F,J,and L whefl these annexationl become effective. If you have any queltionl pleale call ~e at ext. 7043. PD\leh Attachment ~ ........ T.E E;;oI:I? ALWAYS MATTERS I N. FEDERAL UNINCORPORATED ENCLAVES LEGENI3 ,y, A. ?-94 -~ 8. 8-94 C. 9-94 ~ O. i0-94 E. 11-94 ~ F. 12-94 .,~ G. 1,3-94 'X"- H. 14.-94 -~ I. 15-94 J. 16-94 ~~ ~ K. 17-94 L.. 18-94, N NORTH FEDERAL HIGHWAY ARNEXATION BRIEF Property Control Numbers: Parcel A (Lots 1 & 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 (Lot 31, Delra¥ Beach Estates) 00-43-46-04-08-000-0310 Parcel H (Lot 32, Delray 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 See attached chart BuAldinge .. Taxable Value: On Site County 8treat Addreee Parcel A $ 93,632 0 Vacant Parcel D $ 161,344 2 2512 North Federal Highway Parcel G $ 137,410 3 2605 North Federal Highway Parcel H $ 194,466 4 2601 North Federal Highway Parcel I $ 149,273 1 240! North Federal Highway Parcel K ~ 327;558 2 2213 North Federal Highway $1,063,683 Ov~er'l Addreilell Parcel A Smith, R.X. & Oarleen #. 6X0 S.B. 2nd Avenue PoBIMno Beach, FL 33060 Parcel D Bland, V.C. & Christine 3 Harbour Drive Neigh Ocean Ridge, FL 33435 Parcel G Panagoe, Richard E. 2506 North Federal Highway Delray Beach, FL 33483 Parcel H O'Brien, Surer & O'Brien, Inc. 2601 North Federal Highway Delray Beach, FL 33483 £1T¥ DF DELI:II:I¥ BEI:I£H FIRE DEPARTMENT MEMORANDUM ~: PERSONS ~DRESSED FROM: MICHAEL D. CATO, DIVISION CHIEF DATE: ~RCH 23, 1994 SUBJECT: ~NEXATIONS The following property was annexed into the City of Delray Beach effective March 22, 1994. O~. NO. ~DRESS A~ DESCRIPTION 7-94 Vacant Property north of 2222 North Federal H~. 10-94 2512 North Federal H~. 13-94 2605 North Federal H~. 14-94 2601 North Federal H~. 15-94 2401 North Federal H~. 17-94 2213 North Federal H~. ~ Michael D. Cato Division Chief MC/ckc FIRE DEPARTMENT HEADQUARTERS· 101 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 407/24,3.-7400 · FAX 407~ 265-4660 MEMORANDUM TO: ALISON MACGREGOR HARTY, CITY CLERK FROM: PLANNING DEPARTMENT~(Lo~ 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 AFFAIRS 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 I.,1~':;,3~3 9 9- 2 ~-.~10 ...... ~ N D~,~OMIS S.E~;ia\' ~,- LAWTONCHILES March .~o, *~,,, v · Go.,.o, The Honorable Thomas E. Lynch Mayor of Delray Beach City of Delray Beach 100 Northwest First Avenue Delray Beach, Florida 33444 Dear Mayor Lynch.' The Department has completed its review of the adopted Comprehensive Plan Amendment (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. 93S1) for ~he City of Delray Beach, as adopted on December 7, 1993 and determined that it meets the require- ments of Chapter 163, Part II, Florida Statutes, for compli- ance, as defined in Subsection 163.3184(1)(b). The Depart- ment is issuing a Notice of Intent to find the plan amend- ment In Compliance. The Notice of Intent has been sent to the News for publication on March 20, 1994. Please note that a copy of the adopted City of Delray Beach Comprehensive Plan Amendment, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of Delray Beach City Hall, Planning Zoning Department, 100 Northwest 1st Avenue, Delray Beach, Florida 33444. The adoption ordinances for this amendment, 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 the correct section of Chapter 163, F.S., as amended, for the effective date of the plan amendment. Local governments are bound by the effective date provisions of Section 163.3189(2) (a), F.S. The City of Delray Beach must ensure that all adoption ordinances are consistent with these provisions. Therefe~'~'~t reco~en~,~ ~the_ City ~hO~Id include the rollaway, lar~uaqe ~,n the adoption ordinances as required by Rule gJ-11.Oll, F.&.¢: The e,£fec~ive date off this plan a~endment~ shall be the ~ate a ftrml order ie issued by the Department e~ ~itF~ Affair~ o~ Ad~inistratic~ t'om~iesie~ Ti~i~ in co~pliafme in accordance wtt~ ~i~ l&~.~l~.~ Florida EMERGENCY MANAGEMENT · HOUSING AND COMMUNITY DEVELOPMENT · RESOURCE PLANNING AND MANAGEMENT The Honorable Thomas E. Lynch March 18, 1994 Page Two Statues, whichever ocours earlier. No development orders, development peraits, or land uses dependent on this a~and- mentBay be issued or co~ence ~fore it has become effec- tive. If a f~nal order of ~~li~e ~s ~eeu~ by ~e A~inistration C~ission, ~i~~t ~y be ~ ef~ive by a~o~i~O~ I rl~XUti~ affixing its effec~ive s~t~, a ~~f~iCh remolu~ions shall be sen= to ~e ~~en~ of Co~ityAffairs, ~reau of ~cal Pl~l~, 274~ Cen~e~i~ ~i~, Ta11~assee, Florida 32399- 2100. ~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~en~ is filed. affected person, ~ay file a petition wi~ the agency wi~in 21 days after the p~lication of ~e notice of inten~ pursuant to Chapter 163.3184(9), F.S. ~ adopted ~en~ent whose effective date is delayed by law shall be considered pa~ of ~e adopted plan ~til dete~in- ed to be not in compliance by final order of ~e A~inistration Co~ission. Then, it shall no longer be pa~ of ~e adopted plan unless the local gove~ent adopts a resolution affixing its fectiveness in the maker provided by law. Again, no developaent order may be authorized ~til ~e effective date is dete~ined. If you have any ~estions, please contact me, Maria ~adal, Plan Review A~inistrator, or. Suza~e ~llamy Wo~cock, Planning Manager, at (904) 487-4545. Sincerely, Division of Resource Planning and Management CGP/ddw Enclosure: Notice of Intent cc: David Kovacs, Director of Planning Daniel M. Ca~, Executive Director, Treasure Coas~ Regional Planning Co~cil 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 O'Brien, Suit®r & O'Brien, ("Owner"), a Florida corporation. 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, with respect to that property, it is the desire of the Owner to annex to, and develop in the City in accordance with the terms of this Agreement; 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 a business office and storage building 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 business office and storage building as permitted uses pursuant to the City's Land Development Regulations, without any further approval by the City. 3. Compliance with the City's Landscape Code. Within 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 measure: a. Remove one parking space in front of the property in order to provide a five foot perimeter landscape buffer. b. Weed and clean-up the existing landscape area, c. Plant additional Ixora plants within the existing landscape area, and d. Provide sod and irrigation within the utility strip along the front of the property. 4. Compliance with the City's Occupational License Fees. The Owner agrees that one occupational license fee shall be paid by the operator of the business operating on the property. The first such payment shall be due no later than September 30, 1994, and by September 30th each subsequent year. The fee shall be as follows: Business Operator $ 100.00 per year For subsequent years, the amount to be collected as an occupa- tional license fee may be amended pursuant to the passage of City ordinances which may amend the present fee schedule. 5. Storm Water Assessment. Owner agrees to pay the annual Storm Water Assessment fee which is currently $227.56. The Owner acknowledges that the City may either increase or decrease the fee annually. 6. 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. 7. Removal of Development Conditions. Failure of the property owner to comply with the provisions of Paragraph 3 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 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 landscape code. 8. 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. 9. Successors and Assiqns. This Agreement shall be binding on the Owner, and its successors and assigns. No assignment may be made by the Owner without the prior written consent of the City. 10. 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: Ken Weigand O'Brien, Suiter & O'Brien, Inc. 2601N. Federal Highway Delray Beach, FL 33483 4 11. Severabllity. It is further agreed that several provisions of this Agreement shall be separable, and that If any court of competent Jurisdiction shall adjudge the pro- visions of this Agreement to be invalid or in unenforceable, that Judgment shall not effect the validity or enforceability of any other provision of this Agreement. 12. 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. 13. 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. CI~/ OF DELRAY BEACH, FLORIDA ATTEST: By: Thomas Lynch, Mayor City Clerk Approved as to Form: City Attorney 5 WITNESSES: O'BRIEJ~ SUITER & O'BRIEN, INC. ( P e Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this /~ day of /~f~ , 1994, by ~.~/~~ · (name of officer or agent, title of officer or agent, of ~~~ 5~/~ ~ ~~/~ /~. (name of corporation acknowledging), a ~ ~/P~ (state or place of incorporation), corporation, on behalf of the corporation. He/~ Is personally known to me/or = Signature of Not~ubl~c - State of Florida CAROL F. BA~ER NOTARY PUBLIC en~ ~ee 03~709 Print, ~e or Stam~ ~' Nota~ Public =u~.a~ My Co~ ~ ~t. 5, 1994 EXHIBIT A Lot 32, Delray Beach Estates, as recorded In Plat Book 21, Page 13 of the Palm Beach County Records. Ord. 14-94 - 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. 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. WHEREAS, O'Brien, Suiter & O'Brien, Inc. is the fee-simple owner of a parcel of land located at 2601 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, O___~ien, Suiter & O'B~ien, I/lc~has agreed to annex the subject~pro~ pu~uant~tm~- terra--conditions contained inU~ this ordi~~~e~ation~q/4~ment attached hereto and incorpora~e~.~ein as Exhi~ "a"; ~T~d ~ WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS,.- the s~bject property hereinafter described is presently under the jurisdictioD of Pa!~ 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 32, 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 2601 North Federal Highway; and containing a 0.691 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, ~ including ~h~ ~c--- =..d ~u,~u~tion~ .... : - ~ .... Agreement attached hereto and incCrpu~atcd herein as Exhibit "a~.~ 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 cur'rent 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 163.3157(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: DeIray Beach News CITY OF DELRAY BEACH March 12, 1994 Alison MacGregor Harty City Clerk CITY OF DELI{AY BEACH, FLORIDA NOTICE OF ANNEXATION ORDINANCE NO. 7-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY APPROXIMATELY 240 FEET NORTH OF N.E. 14TH STREET, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 8-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2300 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO'THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 9-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2300 NORTH OLD DIXIE HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 10-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2512 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 11-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2612 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND' USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 12-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2613 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 13-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2605 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 14-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2601 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 15-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2401 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 16-94 AN ORDINANCE OF THE CITy COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2399 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 17-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2213 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 18-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2101 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BF~ACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER T~ 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 j 8. 8-94 C. 9-94 D. 10-94 F. 12-94 G. 13-94 H. 14-94 J. 16-9¢ L 18-94 ( ] consent [ ] Ordinance I~ltted BT~ ~la~ine. Sonin~ and 8~ittod For: Motion end T~t~e= Ste££ recouuends motion to execute= an Interlocal Agreement between Palm Beach County and the City of Delray Beach providing for annexation of eight enclaves. B. Bumm~z~: Chapter 171.046, F.S., allows annexation of enclaves of ten acres or less of developed land if the municipality (the City of Delray Beach) and the County having jurisdiction over such enclaves enter into an Interlocal Agreement. This Interlocal Agreement addresses the service provision needs of the residents, meets the requirements of Florida Statutes for annexation, and ia consistent with the County and municipal Comprehensive Plans. District 4. C. B&chqround end ~uatific&tion: The City of Delra¥ Beach has identified eight enclaves that ars eligible for annexation with an Interlocal Agreement. These eight enclaves create service delivery problems for both the County and the City. The City is requesting County assistance in annexing these enclaves. The City has written the owners of these enclaves to inform them of this proposed annexation. The Florida Legislature, by amending Chapter 171, Florida Statutes, has created a means for the City to annex these enclaves. Chapter 171, which per,&ins to municipal annex- ations, allows a municipality to annex enclaves of ten acres or lees of developed land if the municipality enters into an Interlocal Agreement with the County. The Palm Beach County Planning Division' supports these annex- ations. Objective I 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 portion of Enclave No. 8, known as the Delray Swap Shop properties, is proposed to b · annexed on a voluntary basis and is not part of this Interlocal Agreement. The annexation of these enclaves is being opposed by some landowners. Both written and oral coR~unicationm 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 moro 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. Attaohmentsz 1. Iht%fiscal AgreemeBqt with Rap of Enclaves Approved ,y, I ZZ. YTI~3LT.. ZR~&CT ZL'N]I~¥BZB A. Five Ysar Summary of Fiscal Impact: Fiscal Years 1993 1994 199S 1996 Capital Expenditures Operating Costs Operating Revenues Is Item Included In Current Budget Yes__ No Budget Account No: Fund Agency Org. Object Reporting Category__ B. Recommended Sources of Funds/Summary of Fiscal Impact III. RE~ZEW COMMENTB A. OF~B Fiscal and/or Contract A~ministration Comments: -Contract h~inistratio~ C. O~er Department Review: EMpartnant Director £1T¥ DF DELRI:I¥ BEI:IgH 1993 CERTIFICATION I, BARBARA GARITO, Acting City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached is a true and correct copy of Resolution No. 107-93 as the same was passed and adopted by the City Commission of the City of Delray Beach, Florida, in regular session on the llth day of January 1994. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 24th day of January, 1994. : ........ Barbara Garito , - " "" Acting City Clerk '- City of Delray Beach, Florida 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 lnterlocal 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 i WHEREAS, it has been determined by the City that the parcels to be annexed via this tnterlocal 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 CO~D~ISSION OF THE CITY OF DELRAY BEACH, FLORIDA THAT: Section 1. The Mayor is hereby authorized and directed to'execUte an interlocal agreement (attached hereto and incorporated herein as Exhibit "A") with Palm Beach County on behalf of the City of Delray Beach. Section 2. Upon execution of the interlocal agreement, the City Clerk is hereby directed and authorized to transmit sufficient copies of same to the appropriate offices of Palm Beach County for Palm Beach County's consideration of execution of the Intergovernmental Agreement and thereafter the execution thereof. Section 3. This Resolution shall take~fect upon adoption. ~ity-Clerk 540 2 Res. No. 107-93 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, Delra¥ 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, Delra¥ Beach Estates, as recorded in Plat Book 21, Page 13 of the Palm Beach County Records. Parcel 6: Lots 37 and 38, Delray Beach Estates, as recorded in · Plat Book 21, Page 13 of the Palm Beach County Records. Parcel 7: Lot 40, Delray Beach Estates, as recorded in Plat Book 21, Page 13 of the Palm Beach County Records. Parcel 8: The northerly 100 feet of the southerly 503.4 feet of the west one half (Wl/2) of the southwest one quarter (SW 1/4) of the southeast one quarter (SE 1/4) of Section 4, Township 46 South, Range 43 East lying easterly of Federal Highway (U.S. 1). T:\advanced\ANNEXl.DOC I N. FEDERAL UNINCORPORATED ENCLAVES PROPOSED FOR ANNEXATION Q LEGEND £NCLAV£$ TO BE ~N~ED. ENC~ TO I NTE~LOCAL 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 R9z WHEREAS, the County and the City have determined that the parcels to be annexed pursuant to this Interlocal Agreement are improved properties based upon the availability of water and sewer systems; the availability and access to a public right-of-way; that the lots have previously been cleared; and that the lots have been subdivided in recorded or unrecorded plats; and WHEREAS, it has been determined by the City and by the County that the parcels to be annexed via this Interlocal Agreement meet the requirements set out in Section 171.031(13)(a) and (b) and 171.046, Fla. Stat., as such enclaves are developed or are improved, are less than ten (10) acres in size and are completely surrounded by the city or are surrounded by the City and a natural or manmade obstacle that allows passage of vehicular traffic to the enclaves only through the City; and WHEREAS, the enclaves identified for annexation in this Interlocal Agreement are in the City's future annexation areas set forth in the adopted Comprehensive Plan of the City of Delray Beach; and WHEREAS, the County and the City agree that the parcels to be annexed via this Interlocal Agreement are subject to the Land Use Atlas of the Palm Beach County Comprehensive Plan and County zoning and subdivision regulations until the City adopts a comprehensive plan amendment to formally include said parcels in its adopted Comprehensive Plan and to formally affix a zoning designation thereto. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Purpose The purpose of this Agreement is to allow annexation by the City of certain unincorporated enclaves which are identified in Exhibit A which is attached hereto and made a part hereof. Section 2. Definitions The following definitions shall apply to this Agreement: 1. The term "enclave" shall be defined as set forth in Section 171.031(13)(a) and (b), Fla. Stat. as adopted by the Legislature in Chapter 93-206, Section 15, Laws of Florida. "Act" means Part I of Chapter 163, Florida Statutes. "Agreement" means this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms thereof. . 540 Section 3. Annexation The unincorporated enclaves identified in Exhibit "A", which is attached hereto and made a part hereof, are hereby annexed into and are included in the corporate boundaries of the City of Delray Beach. Section 4. Effective Date This Agreement shall take effect upon execution by both parties. Section 5. Filing Upon execution by both parties, a copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 6. Notification , The City hereby acknowledges that, it has/will prior to consideration of this Agreement by the Board of County Commissioners, provide written notice to all owners of real property located in the enclaves identified in Exhibit "A" whose names and addresses are known by reference to the latest published ad valorem tax records of the Palm County Property Appraiser. The written notice, shall describe the purpose of 'the Interlocal Agreement and shall state the date, time and place of the meetings of the Board of County Commissioners of Palm Beach County where this Interlocal Agreement shall be considered for adoption. Section 7. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 9. Severability In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent Jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 10. Entirety of Agreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. q94. 3540 CIT OF~DRA~ BEACH., FLORIDA PALM BEACH COUNTY · ;": 2 " '" ~ .... "': CLER,¥ ; ATTEST: ATTEST: ,., ,~t.:, 3/ _ .,~:; ',~/. ~. ~ird of Coun~ Com~bn~rs " .~.g~e~ t' m: r~ '"'~'~" ~ Approved as to Fo -- City Attorney CoUnty At%brne~ ~ - '- ', , . ~. ,~-~ . ".~ DJK/ InA. DOC -- 4 -- ENCLAVE NO. PROPERTY CONTROL # PROPER?Y OWNER AND LEGAL DESCRIPTION I 00-43-46-04-08-000-0010 Smith, R.I. & Darleen N. Delray Beach Estates 610 S.E. 2nd Avenue Lot 1 Pompano Beach, FL 33060 2 00-43-46-04-08-000-0050 Compagno, Jo & Lucllle Delray Beach Estates % Merkle Et. Al. Lot 5 110 E. Atlantic Avenue, #400 Delray Beach, FL 33444 2 00-43-46-04-08-000-0051 Altmlx, Don R. Delray Beach Estates 2300 N. Old Dixie Highway Lot 5.1. Delray Beach, FL 33483 3 00-43-46-04-08-000-0130 Bland, V.C. & Christine Delray Beach Estates 3 Harbour Drive N. Lot 13 Ocean Ridge, FL 33435 4 00-43-46-04-08-000-0142 Schwerln T.M. & Jullette M. Delray Beach Estates 2612 N. Federal Highway Lot 14.2 Delray Beach, FL 33483 4 00-43-46-04-08-000-0160 Schwerin, Thomas M. Delray Beach Estates 2612 N. Federal Highway Lot 16 Delray Beach, FL 33483 5 00-43-46-04-08-000-0300 Catapane, Richard C & Dorothy M Delray Beach Estates 2433 Timber Creek Circle Lot 30 Boca Raton, FL 33431 5 00-43-46-04-08-000-0310 Panagos, Richard E. Delray Beach Estates 2605 N. Federal Highway Lot 31 Delray Beach, FL 33483 5 00-43-46-04-08-000-0320 O'Brien, Surer & O'Brien Inc. Delray Beach Estates 2601 N. Federal Highway Lot 32 Delray Beach, FL 33483 6 00-43-46-04-08-000-0370 Merchel, Mary F. Delra¥ Beach Estates 245 Lake Eden Way Lot 37 Delray Beach, FL 33444 6 00-43-46-04-08-000-0371 Bushley, Edgar J. Jr. Delra¥ Beach Estates 2401 N. Federal Highway Lot 37.1 Delray Beach, FL 33483 6 00-43-46-04-08-000-0380 Merchel, Mary F. Delray Beach Estates 245 Lake Eden Way Lot 38 Delray Beach, FL 33444 ENCLAVE NO. PROPERTY CONTROL ~ PROPERTY OWNER AND LOCATION 7 00-43-46-04-08-000-0400 Solomon, Gerald J. Delra¥ Beach Estates 17096 Northwa¥ Court Lot 40 Boca Raton, FL 33496 8 00-43-46-04-00-000-5040 Cart, Cas¥ T. & Elaine North of the Flea Market 2740 S.W. llth Court Parcel 504 Boynton Beach, FL 33426 8 00-43-46-04-00-000-5041 Cart J.Y. & Marillm B. North of the Flea Market 3654 S. Federal Highway Parcel 504.1 P.O. Box 524 Boynton Beach, FL 33425 pd/dbe.doc 540 -2 - TO: Mary McCarty Dick Morley This letter is a follow up to our phone conversation last week. My husband Richard and I own property at 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 nofitied when the city planned to vote on this issue. The ordy 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 conducive 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" grandng 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 ot~cials 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 (4-07) ~83-7078 (407) 278-3~1 at ~.. ~ Carol Robem Warren Newell Burr Aaron~on C~ H~, S~ ~~ rE F:' i 0 Palm Beach County Commission March 22, 1994 You have granted us a one week extension from 3/15 to 3/22/94 so that Delray Beach officials could address the concerns of affected property owners. We do appreciate that extension. The city has been trying to deal with all of the issues and costs, but the fact remains that there will still be significant costs involved which many of us just cannot afford. We feel we should decide if and when to annex and not be forcibly annexed. In fact, over half of these county properties in 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 not approve of forced annexation. They feel and fear for their neigh.bors whose way of life, livelihood, and financial security is put in jeopardy. I'm sure you all swore to uphold the Constitution. How can you now take away our rights to liberty, pursuits of happiness, and votes on an issue that directly and adversely affects us? Think about it. That's just what you will be doing if you give final approval today. The only fair and right decision today is to vote NO. I. DOROTHY ;-4. WIL~;Eiq, ex-::,ff{r;,o C::-¢k ct '.~e Board o~ n¢,~ ~ Cc,~m.~'sic:'~" ~.:.¢:'X, '~': ~,:. %. a -n~-c, ~ ~ '¢ ....'" office true ¢ ........ r..c DOROTHY h; ',¢¢