19-94 ORDINANCE NO. 19-94
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 2001 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, Drive-In Theaters of Florida, Inc. is the fee-simple
owner of a parcel of land located at 2001 North Federal Highway, as the
same is more particularly described herein; and
WHEREAS, the City of Delray Beach, Florida, has initiated
annexation proceedings, pursuant to Florida Statute 171.046(2) (a), to
include the subject property within the corporate limits of the City,
and has heretofore been authorized to annex lands in accordance with
Sections 171.044 and 171.046(2) (a) of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach, Florida;
and
WHEREAS, the subject property hereinafter described is
presently under the jurisdiction of Palm Beach County, Florida, having a
County Future Land Use Map designation of CH-5 (Commercial High
Intensity with a residential equivalent of 5 units/acre); and
WHEREAS, the advisory Future Land Use Map (FLUM) designation
for the subject property in the City of Delray Beach, Florida, is GC
(General Commercial); and
WHEREAS, the City's Future Land Use Map designation of GC
(General Commercial) is consistent with the County FLUM designation of
CH-5 (Commercial High Intensity with a residential equivalent of 5
units/acre) for the property hereinafter described; and
WHEREAS, the City's FLUM designation 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:
See Legal Description attached as Exhibit "A".
The subject property is located on the east side of
North Federal Highway, at 2001 North Federal Highway;
and containing a 6.45 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. 19-94
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 17th day of May , 1994.
ATTEST: ~
~Ci~Y C~erk /
First Reading April 5, 1994
Second Reading May 17, 1994
- 3 - Ord. No. 19-94
EXHIBIT "A" TO ORDINANCE NO. 19-94
LEGAL DESCRIPTION
The South 403.25 feet of the Easterly 497.35 feet of
the West One-Half (W 1/2) of the Southwest One-Quarter
(SW 1/4) of the Southeast One-Quarter (SE 1/4) and that
part of the South 403.40 feet of the Southeast
One-Quarter (SE 1/4) of the Southwest One-Quarter (SW
1/4) being the Northerly 128.66 feet of the Southerly
272.66 feet lying east of State Road 5 as in OR 2311,
Page 701, all in Section 4, Township 46 South, Range 43
East, Palm Beach County, Florida;
TOGETHER WITH
That part of the Westerly 155.89 feet of the South
403.4 feet of the West One-Half (W 1/2) of the
Southwest One-Quarter (SW 1/4) of the Southeast
One-Quarter (SE 1/4) and the East 44.11 feet of the
Northerly 171.24 feet of the South 403.4 feet of the
Southeast One-Quarter (SE 1/4) of the Southwest
One-Quarter (SW 1/4) lying east of State Road 5, all in
Section 4, Township 46 South, Range 43 East, Palm Beach
County, Florida;
TOGETHER WITH
That part of the Westerly 166.40 feet of the South
403.4 feet of the West One-Half (W 1/2) of the
Southwest One-Quarter (SW 1/4) of the Southeast
· One-Quarter (SE 1/4) and the Easterly 131.42 feet of
the Southerly 144 feet of the Southeast One-Quarter (SE
1/4) of the Southwest One-Quarter (SW 1/4) lying east
of State Road 5, all in Section 4, Township 46 South,
Range 43 East, Palm Beach County, Florida.
- 4 - Ord. No. 19-94
GUL~ STREAM
D£LRAY SWAP SHOP
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
May 31, 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 May 26, 1994 and
certified copy of Ordinance No. 19-94 annexing certain lands
into the City of Del[ay Beach, which was filed in this office
on May 31, 1994.
Sincerely,
Bureau of Administrative Code
LC/dlb
RECEIVED
CiTY CLERK
[ITY JIF lIE[RAY BEA£H
'D~LR~Y'B~P!' ~00 N.w. is! AVENUE · DEL. RAY BEACH FLORIDA 33444 · 407/243-7000
® PLANNING AND ZONING DEPARTMENT MEMORANDUM
199~,
FROM: ' PAUL' 'DORLING, ~NCIPAL PLANNER .......
DATE: May 24, 1994
SUBJECT: DELRAY SWAP SHOP ANNEXATION
On May 17, 1994, the City Commission approved on second and final
reading an ordinance annexing a 6.445 acre property (3 parcels)
known as the Delray Swap Shop. The attached map shows the location
of property which is now within the municipal boundaries, and under
municipal jurisdiction. The following data is attached for your
information. If you have any questions please call me at ext. 7043.
PD\leh
Attachment
T: \PD\ANNEX
THE EFFORT ALWAYS MATTERS
Pr, nted on F~ecycled Paper
ANNEXATION BRIEF FOR THE SWAP SHOP (DELRAY DRIVE-IN)
Property Control Numbers:
Parcel 505 - 00-43-46-04-00-000-5050
Parcel 506 - 00-43-46-04-00-000-5060
Parcel 507 - 00-43-46-04-00-000-5070
Acreage:
Parcel 505 - .632
Parcel 506 - 4.960
Parcel 507 - .853
6.445 acres
Taxable Value:
Parcel 505 - $ 143,096
Parcel 506 - $1,036,440
Parcel 507 - $ 358,958
$1,538,494
Owner's Address: Property Address:
Drive-In Theatres of Fla. Inc. 2001N. Federal Hwy
3291W. Sunrise Blvd. Delray Beach, Fla.
Ft. Lauderdale, Florida 33311 33483
County Land Use Desiqnation: CH-$ Commercial High
Intensity (Residential
equivalent of 5 units per
acre)
City Land Use Designation= GC (General Commercial)
City Zoning Designation: GC (General Commercial)
Current Use of proDerty: Swap Shop Flea Market
y:swapbr.doc
IUI..tr ST~EAU
D£LRAY SWAP SHOP
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'1
SUBJECT: AGENDA ITEM $ /O ~ - MEETING OF MAY 17. 1994
ORDINANCE NO. 19-94/DELRAY SWAP SHOP PROPERTIES
DATE: MAY 13, 1994
This is public hearing on an ordinance for Annexation, Small
Scale Land Use Plan Amendment from County CH/5 (Commercial High
Intensity-Residential equivalent of five units per acre) to a
City Future Land Use Designation of GC (General Commercial), and
Initial Zoning of GC (General Commercial) for the Delray Swap
Shop.
First reading on this ordinance was April 5, 1994, and passed by
unanimous vote (5-0) of the Commission. All advertising and
notifications providing for annexation, zoning, and small scale
amendment have been completed as required.
Recommend approval of Ordinance No. 19-94 on second and final
reading.
ORDINANCE NO. 19-94
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 2001 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, Drive-In Theaters of Florida, Inc. is the fee-simple
owner of a parcel of land located at 2001 North Federal Highway, as the
same is more particularly described herein; and
WHEREAS, the City of Delray Beach, Florida, has initiated
annexation proceedings, pursuant to Florida Statute 171.046(2) (a), to
include the subject property within the corporate limits of the City,
and has heretofore been authorized to annex lands in accordance with
Sections 171.044 and 171.046(2) (a) of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach, Florida;
and
WHEREAS, the subject property hereinafter described is
presently under the jurisdiction of Palm Beach County, Florida, having a
County Future Land Use Map designation of CH-5 (Commercial High
Intensity with a residential equivalent of 5 units/acre); and
WHEREAS, the advisory Future Land Use Map (FLUM) designation
for the subject property in the City of Delray Beach, Florida, is GC
(General Commercial); and
WHEREAS, the City's Future Land Use Map designation of GC
(General Commercial) is consistent with the County FLUM designation of
CH-5 (Commercial High Intensity with a residential equivalent of 5
units/acre) for the property hereinafter described; and
WHEREAS, the City's FLUM designation 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:
See Legal Description attached as Exhibit "A".
The subject property is located on the east side of
North Federal Highway, at 2001 North Federal Highway;
and containing a 6.45 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. 19-94
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 day of , 1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 19-94
"A" ORDINANCE NO. 19-94
EXHIBIT
TO
LEGAL DESCRIPTION
The South 403.25 feet of the Easterly 497.35 feet of
the West One-Half (W 1/2) of the Southwest One-Quarter
(SW 1/4) of the Southeast One-Quarter (SE 1/4) and that
part of the South 403.40 feet of the Southeast
One-Quarter (SE 1/4) of the Southwest One-Quarter (SW
1/4) being the Northerly 128.66 feet of the Southerly
272.66 feet lying east of State Road 5 as in OR 2311,
Page 701, all in Section 4, Township 46 South, Range 43
East, Palm Beach County, Florida;
TOGETHER WITH
That part of the Westerly 155.89 feet of the South
403.4 feet of the West One-Half (W 1/2) of the
Southwest One-Quarter (SW 1/4) of the Southeast
One-Quarter (SE 1/4) and the East 44.11 feet of the
Northerly 171.24 feet of the South 403.4 feet of the
Southeast One-Quarter (SE 1/4) of the Southwest
One-Quarter (SW 1/4) lying east of State Road 5, all in
Section 4, Township 46 South, Range 43 East, Palm Beach
County, Florida;
TOGETHER WITH
That part of the Westerly 166.40 feet of the South
403.4 feet of the West One-Half (W 1/2) of the
Southwest One-Quarter (SW 1/4) of the Southeast
One-Quarter (SE 1/4) and the Easterly 131.42 feet of
the Southerly 144 feet of the Southeast One-Quarter (SE
1/4) of the Southwest One-Quarter (SW 1/4) lying east
of State Road 5, all in Section 4, Township 46 South,
Range 43 East, Palm Beach County, Florida.
- 4 - Ord. No. 19-94
GUlF STREAM
CHID LANE
DrLRAY SWAP SHOP
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN
CITY MANAGER ~
FROM: DIANE DOMINGUEZ ~, ~_v ~~
DIRECTOR OF PLANNING AND ZONINGJ /
SUBJECT: SPECIAL MEETING OF APRIL 5, 1994
ANNEXATION, SMALL SCALE LAND USE PLAN AMENDMENT FROM
COUNTY CH/5 (COMMERCIAL HIGH INTENSITY-RESIDENTIAL
EQUIVALENT OF 5 UNITS PER ACRE) TO A CITY FUTURE LAND USE
DESIGNATION OF GC (GENERAL COMMERCIAL), AND INITIAL ZONING
OF GC (GENERAL COMMERCIAL) FOR THE DELRAY SWAP SHOP
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance annexing the Delray
Swap Shop, changing the Future Land Use designation from County
CH/5 to City GC (General Commercial), and applying an initial
zoning designation of GC (General Commercial).
The petition involves the Delray Swap Shop property, located
on the east side of North Federal Highway, north of Allen
Avenue.
BACKGROUND:
On March 22, 1994, the County Commission approved an Interlocal
Agreement with the City of Delray Beach which called for the
annexation of the North Federal Highway Enclaves, in accordance with
provisions of Florida Statute 171.046. That sa~e evening, the City
Commission approved on second reading the individual ordinances
annexing those properties.
Neither the agreement nor the ordinances included the Delray Swap
Shop property. The reason for its exclusion from those actions was
that the owner, Preston Henn, had indicated a desire to come into
the City voluntarily, by a separate agreement. Based upon his
stated intentions, staff worked to produce an agreement that spelled
out the terms and conditions of the voluntary annexation. Several
meetings were held between City staff and Swap Shop representatives
to ensure that the agreement would be satisfactory to all parties.
On several occasions, staff asked that a signed voluntary annexation
petition be submitted, however, that petition was not forthcoming.
City commission Documentation
Annexation, FLUM Amendment, and Initial Zoning--Delray Swap Shop
Page 2
The Planning and Zoning Board considered the annexation, small scale
amendment, and initial zoning for the Delray Swap Shop at its
meeting of February 28, 1994, and recommended approval. Absent a
signed annexation petition, the item was not scheduled for City
Commission consideration.
In recent weeks, staff has had numerous conversations with Swap Shop
representatives regarding their intention to proceed. At the
request of their attorney, Roger Saberson, changes were made to the
agreement that deleted requirements for future improvements to
parking areas. Every reasonable attempt has been made to
accommodate their wishes.
During this legislative session, a bill has been pending that would
eliminate the enclave annexation provision. We have recently been
informed by lobbyist Kathy Daley that the bill has made progress and
may be passed soon. In light of that possibility, it is necessary
to proceed with the annexation of the Swap Shop under the enclave
provision, rather than as a voluntary action.
The City Attorney's Office is preparing an amended Interlocal
Agreement for consideration by the County Commission that would
include the Delray Swap Shop property. First reading of the
ordinance providing for the annexation, zoning, and small scale
amendment may occur immediately. However, there are several
notification requirements that must be met prior to the second
reading of the ordinance. Those requirements necessitate a delay of
approximately 30 days before the second reading. If approved, the
second reading of the ordinance will be scheduled for the City
Commission meeting of May 17, 1994.
PROJECT DESCRIPTION:
The subject property consists of three parcels comprising
approximately six and a half acres of land. The property contains
the Delray Swap Shop, which consists of merchant booths on the west
half, and parking on the east half of the site.
The property will be brought into the City with a zoning designation
of GC, General Com~ercia 1, which allows flea markets as a
conditional use. Thus, the swap shop will be considered a
conforming conditional use. A concurrent small scale land use plan
amendment changing the designation from County CH/5 to City General
Commercial is also being processed. This property meets the
requirements for processing as a small scale amendment. For a full
analysis of this petition, see the attached Planning and Zoning
Board staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board held a public hearing on the
annexation, Small Scale Land Use amendment and initial zoning of the
Delray Swap Shop at the regular meeting of February 28, 1994. There
were no comments from the public on this item. The Board
recommended approval by a vote of 7-0.
City Commission Documentation
Annexations and Initial Zoning of the North Federal Enclaves
Page 3
RECOMMEND ED ACTION:
By motion, approve the annexat£on, Small Scale Land Use Plan
amendment (from County CH/5 to City GC), and initial zoning to GC
(General Commercial) for the Delray Swap Shop property, based on
positive findings with respect to LDR Sections 3.1.1 and 3.3.2,
and policies of the Comprehensive Plan, and on the recommendation
of the Planning and Zoning Board, and based upon the following
additional findings:
Tha= the property is contiguous, reasonably compact, and does
no= create an enclave.
That services will be provided to the property in a manner
similar to other similar properties within the City.
Attachment:
* P&Z Staff Report & Documentation of 2/28/94
* Ordinance by others
T:CCSWAP.DOC
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, MAY 17, 1994 (or at any continuation of such
meeting which is set by the Commission), in the City Commission
Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida, at which time the
City Commission will consider its adoption. The proposed ordinance may
be inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida, between the hours of 8:00 a.m. and 5:00
p.m., Monday through Friday, except holidays. All interested parties
are invited to attend and be heard with respect to the proposed
ordinance.
ORDINANCE NO. 19-94
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 2001 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, Drive-In Theaters of Florida, Inc. is the fee-simple
owner of a parcel of land located at 2001 North Federal Highway, as the
same is more particularly described herein; and
WHEREAS, the City of Delray Beach, Florida, has initiated
annexation proceedings, pursuant to Florida Statute 171.046(2) (a), to
include the subject property within the corporate limits of the City,
and has heretofore been authorized to annex lands in accordance with
Sections 171.044 and 171.046(2) (a) of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach, Florida;
and
WHEREAS, the subject property hereinafter described is
presently under the jurisdiction of Palm Beach County, Florida, having a
County Future Land Use Map designation of CH-5 (Commercial High
Intensity with a residential equivalent of 5 units/acre); and
WHEREAS, the advisory Future Land Use Map (FLUM) designation
for the subject property in the City of Delray Beach, Florida, is GC
(General Commercial); and
WHEREAS, the City's Future Land Use Map designation of GC
(General Commercial) is consistent with the County FLUM designation of
CH-5 (Commercial High Intensity with a residential equivalent of 5
units/acre) for the property hereinafter described; and
WHEREAS, the City's FLUM designation 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:
See Legal Description attached as Exhibit "A".
The subject property is located on the east side of
North Federal Highway, at 2001 North Federal Highway;
and containing a 6.45 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.
- 2 -
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 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.
EXHIBIT "A" TO ORDINANCE NO. 19-94
LEGAL DESCRIPTION
The South 403.25 feet of the Easterly 497.35 feet of
the West One-Half (W 1/2) of the Southwest One-Quarter
(SW 1/4) of the Southeast One-Quarter (SE 1/4) and that
part of the South 403.40 feet of the Southeast
One-Quarter (SE 1/4) of the Southwest One-Quarter (SW
1/4) being the Northerly 128.66 feet of the Southerly
272.66 feet lying east of State Road 5 as in OR 2311,
Page 701, all in Section 4, Township 46 South, Range 43
East, Palm Beach County, Florida;
- 3 -
TOGETHER WITH
That part of the Westerly 155.89 feet of the South
403.4 feet of the West One-Half (W 1/2) of the
Southwest One-Quarter (SW 1/4) of the Southeast
One-Quarter (SE 1/4) and the East 44.11 feet of the
Northerly 171.24 feet of the South 403.4 feet of the
Southeast One-Quarter (SE 1/4) of the Southwest
One-Quarter (SW 1/4) lying east of State Road 5, all in
Section 4, Township 46 South, Range 43 East, Palm Beach
County, Florida;
TOGETHER WITH
That part of the Westerly 166.40 feet of the South
403.4 feet of the West One-Half (W 1/2) of the
Southwest One-Quarter (SW 1/4) of the Southeast
One-Quarter (SE 1/4) and the Easterly 131.42 feet of
the Southerly 144 feet of the Southeast One-Quarter (SE
1/4) of the Southwest One-Quarter (SW 1/4) lying east
of State Road 5, all in Section 4, Township 46 South,
Range 43 East, Palm Beach County, Florida.
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
May 5, 1994 Alison MacGregor Harty
City Clerk
- 4 -
CITY OF DELRAY BEACH, FLORIDA NOTICE OF ANNEXATION
ORDINANCE NO. 19-94
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 2001 NORTH FEDERAL HIGHWAY, AND BEING MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE
DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE
PROPERTY TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL
DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A
COPY OF THE ORDINANCE HEREINABOVE NAMED CAN BE OBTAINED FROM THE
OFFICE OF THE CITY CLERK, CITY HALL, 100 N.W. lST AVENUE, DELRAY
BEACH, FLORIDA.
(INSERT ATTACHED MAP HERE)
The above notice is published as required by State law. The
proposed ordinance and complete legal description of the property
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, MAY 17, 1994, AT 7:00 P.M. (or at any
continuation of such meeting which is set by the Commission), at
which time the ordinance 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
April 22, 1994 Alison MacGregor Harty
April 28, 1994 City Clerk
May 5, 1994
May 12, 1994
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~IT¥ MANAGER
SUBJECT: AGENDA ITEM ~ ~/~- SPECIAL/WORKSHOP MEETING APRIL 5, 1994
DATE: APRIL 4, 1994
~his is fi~s% ~eading of an o~dinan~e fo~ Annexation, Small Eeale Land
use Plan Amendment from County CH/5 (Commercial High Intensity-
Residential equivalent of 5 units per acre) to a City Future Land Use
Designation of GC (General Commercial), and Initial Zoning of GC
(General Commercial) for the Delray Swap Shop.
At one time, the property owner of the Delray Swap Shop indicated a
desire to be annexed into the City voluntarily. Agreements were drawn
that spelled out the terms and conditions of the voluntary annexation.
However, at the request of their attorney, changes were made to the
agreement that deleted requirements for future improvements to parking
areas. A voluntary agreement was never achieved.
A bill to eliminate the enclave annexation provision is progressing
through the State Legislature at this time, and may be passed soon. In
light of that possibility, it is necessary to proceed with the
annexation of the Swap Shop under the enclave provision, rather than as
a voluntary action, An amendmd Intmrlo~al Agrmemmnt with the County is
being prepared that would include the Delray Swap Shop property.
First reading of the ordinance providing for annexation, zoning, and
small scale amendment may occur now. However, there are several
notification requirements that must be met prior to the second reading
of the ordinance, which would necessitate a delay of approximately 30
~ays.
If approved, the second reading of the ordinance will be scheduled for
the City Commission meeting of May 17, 1994.
ORDINANCE NO. 19-94
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 2001 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, Drive-In Theaters of Florida, Inc. is the fee-simple
owner of a parcel of land located at 2001 North Federal Highway, as the
same is more particularly described herein; and
WHEREAS, the City of Delray Beach, Florida, has initiated
annexation proceedings, pursuant to Florida Statute 171.046(2)(a), to
include the subject property within the corporate limits of the City,
and has heretofore been authorized to annex lands in accordance with
Sections 171.044 and 171.046(2)(a) of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach, Florida;
and
WHEREAS, the subject property hereinafter described is
presently under the jurisdiction of Palm Beach County, Florida, having a
County Future Land Use Map designation of CH-5 (Commercial High
Intensity with a residential equivalent of 5 units/acre); and
WHEREAS, the advisory Future Land Use Map (FLUM) designation
for the subject property in the City of Delray Beach, Florida, is GC
(General Commercial); and
WHEREAS, the City's Future Land Use Map designation of GC
(General Commercial) is consistent with the County FLUM designation of
CH-5 (Commercial High Intensity with a residential equivalent of 5
units/acre) for the property hereinafter described; and
WHEREAS, the City's FLUM designation as initially contained on
the City's Future Land Use Map adopted in November, 1989, and as sub-
sequently 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.
N~W, 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:
See Legal Description attached as Exhibit "A"
The subject property is located on the east side of
North Federal Highway, at 2001 North Federal
Highway; and containing a 6.45 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 Statues 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. 19-94
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 classifi-
cation 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 ordinance 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
on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
a~. ord
3 ORD. NO. 19-94
L
[lTV I:IF DELRIIV BEIII:H
DELRAY BEACH
, ~ o , , · · -30G N.W. 15! AVENUE · OELRAY BEACH, FLORII3A33444 · 407/243-7000
EXHIBIT "A"
File # 94-060
1993
SUBJECT: PROPOSED ANNEXATION~ LAND USE PLAN AMENDMENT AND
INITIAL ZONING BY THE CITY OF DELRAY BEACH - DELRAY
SWAP SHOP.
PROPERTY DESCRIPTION: South 403.25 feet of the easterly
497.35 feet.of the west one-half (W
1/2) of the southwest one-quarter
(SW 1/4) of southeast one-quarter
(SE 1/4) and that part of the south
403.40 feet of the southeast one-
quarter (SE 1/4) of the southwest one-
quarter (SW 1/4) being the northerly
128.66 feet of southerly 272.66 feet
lying east of State Road 5 as in OR
2311, Page 701.
TOGETHER WITH
That part of westerly 155.89 feet of
south 403.4 feet of west one-half (W
1/2) of southwest one-quarter (SW 1/4)
of southeast one-quarter (SE 1/4) and
east 44.11 feet of northerly 171.24
feet of south 403.4 feet of southeast
one-quarter (SE 1/4) of southwest one-
quarter (SW 1/4) lying east of State
Road 5.
TOGETHER WITH
That part of westerly 166.40 feet of
south 403.4 feet of west one-half (W
1/2) of southwest one-quarter (SW 1/4)
of southeast one quarter (SE 1/4) and
easterly 131.42 feet of southerly 144
feet of southeast one-quarter (SE 1/4)
of southwest one-quarter (SW 1/4)
lying east of State Road 5.
THE EFFORT ALWAYS MATTERS
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN
DIRECTOR OF PLANNING AND ZONING~ /
SUBJECT: SPECIAL MEETING OF APRIL 5, 1994
ANNEXATION, SMALL SCALE LAND USE PLAN AMENDMENT FROM
COUNTY CH/5 (COMMERCIAL HIGH INTENSITY-RESIDENTIAL
EQUIVALENT OF 5 UNITS PER ACRE) TO A CITY FUTURE LAND USE
DESIGNATION OF GC (GENERAL COMMERCIAL), AND INITIAL ZONING
OF GC (GENERAL COMMERCIAL) FOR THE DELRAY SWAP SHOP
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance annexing the Delray
Swap Shop, changing the Future Land Use designation from County
CH/5 to City GC (General Commercial), and applying an initial
zoning designation of GC (General Commercial).
The petition involves the Delray Swap Shop property, located
on the east side of North Federal Highway, north of Allen
Avenue.
BACKGROUND:
On March 22, 1994, the County Commission approved an Interlocal
Agreement with the City of Delray Beach which called for the
annexation of the North Federal Highway Enclaves, in accordance with
provisions of Florida Statute 171.046. That same evening, the City
Commission approved on second reading the individual ordinances
annexing those properties.
Neither the agreement nor the ordinances included the Delray Swap
Shop property. The reason for its exclusion from those actions was
that the owner, Preston Henn, had indicated a desire to come into
the City voluntarily, by a separate agreement. Based upon his
stated intentions, staff worked to produce an agreement that spelled
out the terms and conditions of the voluntary annexation. Several
meetings were held between City staff and Swap Shop representatives
to ensure that the agreement would be satisfactory to all parties.
On several occasions, staff asked that a signed voluntary annexation
petition be submitted, however, that petition was not forthcoming.
City Commission Documentation
Annexation, FLUM Amendment, and Initial Zoning--Delray Swap Shop
Page 2
The Planning and Zoning Board considered the annexation, small scale
amendment, and initial zoning for the Delray Swap Shop at its
meeting of February 28, 1994, and recommended approval. Absent a
signed annexation petition, the item was not scheduled for City
Commission consideration.
In recent weeks, staff has had numerous conversations with Swap Shop
representatives regarding their intention to proceed. At the
request of their attorney, Roger Saberson, changes were made to the
agreement that deleted requirements for future improvements to
parking areas. Every reasonable attempt has been made to
accommodate their wishes.
During this legislative session, a bill has been pending that would
eliminate the enclave annexation provision. We have recently been
informed by lobbyist Kathy Daley that the bill has made progress and
may be passed soon. In light of that possibility, it is necessary
to proceed with the annexation of the Swap Shop under the enclave
provision, rather than as a voluntary action.
The City Attorney's Office is preparing an amended Interlocal
Agreement for consideration by the County Commission that would
include the Delray Swap Shop property. First reading of the
ordinance providing for the annexation, zoning, and small scale
amendment may occur immediately. However, there are several
notification requirements that must be met prior to the second
reading of the ordinance. Those requirements necessitate a delay of
approximately 30 days before the second reading. If approved, the
second reading of the ordinance will be scheduled for the City
Commission meeting of May 17, 1994.
PROJECT DESCRIPTION:
The subject property consists of three parcels comprising
approximately six and a half acres of land. The property contains
the Delray Swap Shop, which consists of merchant booths on the west
half, and parking on the east half of the site.
The property will be brought into the City with a zoning designation
of GC, General Commercial, which allows flea markets as a
conditional use. Thus, the swap shop will be considered a
conforming conditional use. A concurrent small scale land use plan
amendment changing the designation from County CH/5 to City General
Commercial is also being processed. This property meets the
requirements for processing as a small scale amendment. For a full
analysis of this petition, see the attached Planning and Zoning
Board staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board held a public hearing on the
annexation, Small Scale Land Use amendment and initial zoning of the
Delray Swap Shop at the regular meeting of February 28, 1994. There
were no comments from the public on this item. The Board
recommended approval by a vote of 7-0.
City Commission Documentation
Annexations and Initial Zoning of the North Federal Enclaves
Page 3
RECOMMEND ED ACTION:
By motion, approve the annexation, Small Scale Land Use Plan
amendment (from County CH/5 to City GC), and initial zoning to GC
(General Commercial) for the Delray Swap Shop property, based on
positive findings with respect to LDR Sections 3.1.1 and 3.3.2,
and policies of the Comprehensive Plan, and on the recommendation
of the Planning and Zoning Board, and based upon the following
additional findings:
That the property is contiguous, reasonably compact, and does
not create an enclave.
That services will be provided to the property in a manner
similar to other similar properties within the City.
Attachment:
* P&Z Staff Report & Documentation of 2/28/94
* Ordinance by others
T:CCSWAP.DOC
· PLANNING ZONING BOARD
CITY OF DELRAY BL,~CH --- ;o ,'AFF REPORT---
MEETING DATE: FEBRUARY 28, 1994
AGENDA ITEM: IV. A.
ITEM: ANNEXATION, SMALL SCALE PLAN AMENDMENT, AND ZONING FOR TYE
DELRAY SWAP SHOP
GENERAL DATA:
Owners ................... Delray Swap Shop
Associates, Inc.
Applicant ................ Preston Henn
Location ................. Approximately 1500
feet south of Gulfstream
Boulevard, on the east
side of Federal Highway.
Property Size ............ 6.45 Acres
City Land Use Plan ....... General Commercial
(with Large Scale
Mixed Use Overlay)
County Land Use Plan ..... CH-§ (Commercial with
a residential equivalent
of 5 units/acre)
Current County Zoning .... CG (General Commercial)
Proposed City Zoning ..... GC (General Commercial)
Adjacent Zoning...North: AC (Automotive Commercial)
East: RS (Single Family Residential
- Town of Gulfstream)
South= SAD (Special Activities
District)
West: GC
Existing Land Use ........ Delray Swap Shop.
Water Service ............ Existing 12" water main
along Federal Highway.
Sewer Service ............ Existing on site via an
8" sewer main in Federal
Highway.
N
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation on a voluntary annexation (pursuant to
Florida Statute 171.044), a Small Scale Land Use amendment
from County CH\5 (Commercial High Intensity) to City GC
(General Commercial), and initial zoning of GC (General
Commercial).
LDR Sections 2.4.5 (A), (C) and (D) provide rules and
procedures for the processing of this petition.
The subject property is located on the east side of North
Federal Highway north of N.E. 21st Street (extended) and is
known as the Delray Swap Shop.
BACKGROUND:
The Delray Swap Shop is one enclave within the unincorporated
area known as the North Federal Highway corridor. This corridor
is surrounded by three municipalities, Boynton Beach to the
north, Gulfstream on the east, and Delray Beach on the south and
west. The area has been a subject of concern to the City for
many years. Problems with abandoned buildings, undesirable
uses., drug sales and prostitution have plagued the area.
For a full background history on the North Federal Highway
corridor see the North Federal Highway Enclave annexation
report.
In 1993, the Florida State legislature recognized that enclaves
can create significant problems in planning, growth management,
and service delivery, and declared that it is the policy of the
State to eliminate enclaves. To this end, the passage of ELMS
III legislation in 1993 allowed municipalities to annex enclaves
under 10 acres in size, through an interlocal agreement with the
County having Jurisdiction of the enclave (Florida Statute
171.046).
An interlocal agreement which included this property was first
scheduled before the City Commission on November 23, 1993, but
was deferred in order that discussions could be held with the
owner of the Delray Swap Shop property. These discussions have
been pursued and as a result the owner has agreed to voluntarily
annex via an annexation agreement.
The City Commission initiated the related Small Scale
Comprehensive Plan amendment and initial zoning at its meeting
of February 8, 1994.
P & Z Staff Repc
Delray Swap Shop Voluntary Annexation
Page 2
PROJECT DESCRIPTION:
The territory to be annexed includes three parcels noted on the
Palm Beach County Property Appraiser's Map as parcels 505, 506,
and 507 having a combined acreage of 6.445 acres. The property
contains the Delray Swap Shop (Delray Flea Market) which has
merchant booths on the west half of the site and parking on the
east half of the site. The proposed Future Land Use designation
is General Commercial. The proposed zoning designation will be
GC (General Commercial).
The area being annexed will include the adjacent half of Federal
Highway right-of way.
ANNEXATION ANALYSIS:
Florida Statutes Governing Annexations:
Pursuant to Florida Statute 171.044 "the owner or owners of real
properties in an incorporated area of the County, which is
contiguous to a municipality and reasonably compact may petition
the governing body of said municipality that said property be
annexed to the municipality". Pursuant to F.S. 171.044 (5)
"land shall not be annexed through voluntary annexation when
such annexation results in the creation of enclaves".
* The property is contiguous with the City, reasonably
compact, and its annexation will not create an
enclave. The annexation will reduce an existing County
enclave area.
Land Development Regulations Govern~nq Annexat~ons~
Pursuant to the Land Development Regulations Section 2.4.5
(C)(1) "the owner of land may seek the annexation of contiguous
property, under his ownership" pursuant to Florida Statutes.
Annexation agreement~
The applicant has agreed to voluntarily annex into the City
subject to an annexation agreement. For specific details on
this agreement see the attached Planning and Zoning Memorandum
from Director David J.Kovacs.
COMPREHENSIVE PLAN ANALYSIS:
Consistency between the City and County Land Use Map
Designat~ons:
The City's current Future Land Use Map designation for
these properties is "General Commercial". The County's
Land Use designation for these parcels is CH/5 (Commercial
High Intensity - Residential equivalent of 5 units per
acre).
P & Z Staff Repc
Delray Swap Shop Voluntary Annexation
Page 3
The City's "General Commercial" Land Use designation is
consistent with the County's CH\5 (Commercial High
Intensity) designation. The City's FLUM designations as
initially contained on the City's Future Land Use Map
adopted in November, 1989, (and as formally amended
subsequently) are deemed to be advisory until an official
Land Use Amendment is processed.
Adjacent Land Use Map Designations and Land Uses~
The surrounding Land Use Map designation to the west is
General Commercial. The land Use designation to the east is
Low Density Residential in the City of Gulfstream. To the
south is General Commercial with a Large Scale Mixed Use
overlay, and to the north is Commercial High Intensity in
Palm Beach County (to be annexed into the City as GC by a
separate action).
The existing Land Uses are residential (Place Au Soleil) to
the east, vacant to the south. To the north and west the
site is bordered by commercial uses (antique shop and
warehouse).
Consistency with the City's Comprehensive Plan~
Designated Annexation Area: The territory to be annexed is
located within "designated annexation area No. 1" on the east
side of North Federal Highway north of N.E. 21st Street
(extended). Annexation of the territory is consistent with
Policy B-3.4 of the Future Land Use Element, which calls for
annexation of eligible properties.
Provision of Services~ When annexation of property occurs,
services are to be provided in a manner which is consistent with
services provided to other similar properties already in the
City (Future Land Use Policy B-3.1). The following is a
discussion of required services and the manner in which they
will be provided.
Police: This property is currently serviced by the Palm Beach
County Sheriff's Office, located at 345 South Congress, which
serves the South County area. The property lies within Sheriff
patrol zone 4. Zone 4 is bordered by E1 Clair Ranch Road on the
west, the Atlantic Ocean on the east, Boynton Beach on the
north, and Atlantic Avenue to the south. One officer is
assigned to a particular zone during a shift (three shifts per
day). Additional response can be mustered from "Cover Cars"
which roam throughout zones randomly, depending on their
availability in South County during that time.
The City of Delray Beach's Police Department has more manpower
to respond in this area; as a consequence, significantly
improved response time should be realized. Annexation will not
require additional manpower, as the police currently pass the
property while patrolling areas of the City to the north and
west of the property.
P & Z Staff Rep¢
Delray Swap Shop · Voluntary Annexation
Page 4
Fire and Emergency Servlces~ The annexation of this property
will not require additional manpower. The municipal area is
served by Fire Station No. I (West Atlantic Avenue).
With annexation, the property will receive an improvement in
. response time from the current 8 1/2 minutes of the County Fire
Department (Indian Springs Station / Military Trail & Gulf Road)
to approximately 4 minutes for the City's Fire Department (Fire
Station No #1 West Atlantic Avenue).
Water: A 12" water main exists along the east side of Federal
Highway in front of this property.
Fire suppression is provided along the east side of Federal
Highway by existing fire hydrants immediately south of this
property and at the northwest corner of the property. The
property does not currently receive municipal water which is
available upon payment of standard connection fees.
Sewer: The property is currently served by municipal sewer via
a 10" gravity sewer main which runs along the east side of
Federal Highway in front of the site.
Streets: This property has direct access to North Federal
Highway. Federal Highway is under the Jurisdiction of the FDOT
(Florida Department of Transportation). The Jurisdictional
responsibility and the associated maintenance responsibility
will not change upon annexation.
Parks and Open Space: The annexation of the commercial property
will not create an additional impact on park and recreational
facilities.
Financial Impacts~
Effect Upon Annexed Property:
For the 1993 tax year the three parcels which make up the Delray
Swap Shop have a combined assessed value of $1,538,494.00. With
the change from County to City jurisdiction, the following taxes
and rates will be affected:
Ad Valorem Taxes Millage With Annexation
Fire /Rescue MSTU 2.6201 Deleted (County)
Library .3915 Deleted (County)
City Of Delray Beach 6.8600 Added (City)
City of Delray Beach Debt 1.1400 Added (City)
4.9884 Difference*
· Total tax millage in the County is 20.0772 mills while in
the City the total millage rate is 25.0656 mills.
P & Z Staff Rep¢
Delray Swap Shop Voluntary Annexation
Page 5
The current yearly ad valorem taxes are $30,888.65. With
annexation the yearly ad valorem taxes will be $38,563.27 a tax
difference of $7,674.62. In addition to property taxes, the
following Non Ad Valorem fiscal impositions apply:
Delray Beach Storm Water Utility - This City assessment will be
approximately $3,240 based upon the combined (100%) impervious
area of the buildings, parking areas, etc. Properties within
the North Federal Highway area do not qualify for the 25%
discount for private streets or 25% discount for being within
the L.W.D.D.
Solid Waste Authority - The North Federal Highway area is
currently serviced by South Florida Sanitation, which is under a
five year contract that runs from October 1, 1993 through
September 30, 1998. The City's contract is currently through
Waste Management, Inc. Pursuant to Florida Statute 171.062
(4)(a) "if a party has an exclusive franchise which is in effect
for at least six months prior to the initiation of an
annexation, the franchisee may continue to provide such services
to the annexed area for five years or the remainder of the
franchise term whichever is shorter". The annexation will be
consummated prior to the minimum six month period so the waste
service provider will change with the annexation.
The flat rates for commercial properties will remain the same at
.064 per sq.ft, of building area. These flat fees cover
disposal and the base fee only. Collection rates will be
negotiated with Waste Management on an individual basis, and
will vary depending on dumpster size and frequency of pick up.
Occupational Llcence Fees - Upon annexation the Delray Swap Shop
vendors will be required to obtain City of Delray Beach
Occupational Licenses. These licenses will be in addition to
the current County licenses. Through the proposed annexation
agreement the City will collect an annual fee from the Delray
Swap Shop rather than assess individual vendors. This annual
fee will be calculated each year using a formula based on the
average number of vendors. Using the above formula the annual
fee for Calendar Year 1994, will be $11,500.00. See attached
write up on the annexation agreement from David J. Kovacs,
Planning Director for further details.
Water/Sewer Rate Reductions - The Delray Swap Shop is currently
served by municipal sewer. The property is charged a base rate
of $43.13 a month which includes a 25% Out-of-City surcharge.
Upon annexation the property will receive municipal sewer at the
standard City rates and will experience a reduction of
approximately $8.64 a month or $103.44 a year savings.
P & Z Staff Rep¢
Delray Swap Shop Voluntary Annexation
Page 6
Resulting Impacts to Property Owners
TABLE A
SUMMARY OF IMPACT ON DELRAY SWAP SHOP
FINANCIAL CONSIDERATIONS~
AD VALOREM TAXES
(Change from 93/94 county of 20.0772
to City 93/94 rate 25.0656 mills.(4.9884) +$7,674.62
NON AD VALOREM
Stormwater Assessment +$3,240.00
Solid Waste Collection NA
WATER & SEWER UTILITY FEES - $103.44
Current rate less 25% surcharge
OCCUPATIONAL LICENSE FEES $11,500.00
ANNUAL FINANCIAL IMPACT~ + $22,311.18
NA - Data not available
SERVICE CONSIDERATIONS=
FIRE RESPONSE + Faster response time from
8 1/2 minutes (County) to
4 minutes (City).
EMS + Faster response time from
8 1/2 minutes (County) to
4 minutes (City).
POLICE Better response based upon
more officers in field.
CODE ENFORCEMENT Pro-active vs reactive
opportunity to work with
property owners
Fiscal Impacts to the City: At the 1993 City operating millage
rate of 6.86 mills and debt rate of 1.14 mills, the property
will generate approximately $12,307.95 in ad valorem taxes per
year. This property is within the Community Redevelopment Area
and as such the City will receive taxes on the value of the
property in the base year 1985 in which the CRA was established.
Ninety five percent of all subsequent increases in property
values would be paid to the CRA as Tax Increment Financing.
While the 1985 property values are not yet available they are
anticipated to be fairly close to the current values.
Additional revenues will be realized through the annual
collection of the stormwater assessment fee ($3,240 annually) as
well as occupational license fees (approximately $11,500
annually), utility taxes (9.5% electric, 7% telephone) and
franchise fees on electric, telephone, and cable.
P & Z Staff Rep¢
Delray Swap Shop Voluntary Annexation
Page 7
Additional revenues will be realized through the annual
collection of Occupational Llcence Fees. These fees will be
assessed as an annual fee calculated each year ,using a formula
based on the average number of vendors. Using this formula the
annual fee for Calendar Year 1994, will be $11,500.00.
The City Utility Fund will realize a revenue loss of $103.44
with the elimination of the City sewer 25% surcharge assessed on
Out-of-City utility users. However, after annexation connection
to the water system will occur; thus additional water use
revenues will off-set the reduction in sewer revenue.
TABLE D
COMBINED FINANCIAL IMPLICATIONS TO THE CITY
GENERAL FUND
AD VALOREM TAXES $12,307.95
PER CAP REIMBURSEMENTS= .00
UTILITY TAXES:
Electric (1): $3,762.00
Natural gas (2): .00
Phone (3): +$245.95
FRANCHISE FEES=
Electric (4): +$2,376.00
Phone (5): +$35.13
Natural Gas (6): .00
Cable (7): .00
OCCUPATIONAL LICENCE FEE I (9)
, +11,500.00
STORMWATER ASSESSMENT UTILITY FUND
ASSESSMENTS=
Stormwater Assessment +$3,776.00
8EWERAND WATER UTILITY FUND
UTILITY SERVICE FEES:
Water Utilities (8) .00
Sewer Utilities (8) -$103.44
ANNUAL TOTAL: +$33,899.59
NA - Data not available
(1) Electric Utility Tax based on 9.5% commercial
P & Z Staff Repc
Delray Swap Shop Voluntary Annexation
Page 8
(2) Natural Gas Utility Taxes are based on 8.5 % of Gas bill
(3) Phone Utility Taxes are based on 7% of phone bills -
business accounts are a minimum of $36.60
(4) Electric Franchise fees based on 6% of FPL bills
(5) Phone Franchise fee based on 1% of phone bill
(6) Natural Gas Franchise fees are based on 5 % of gas bill
(7) Cable Franchise Fees are based on 3% of cable bill
(8) Represents loss of 25% surcharge assessed out of City
utility users
(9) Special calculation - see annexation agreement
ZONING ANALYSIS:
The proposed City zoning designation is GC (General Commercial)
and the current County zoning designation is CG (Commercial
General).
The surrounding zoning designations are GC (General Commercial)
to the west, SAD (Special Activities District) to the south, CG
(County Commercial General) to the north, and RS (Residential
Single Family) to the east.
The City zoning designation of General Commercial is similar to
the existing County designations and represents the prevailing
use of the property. Upon annexation only the City zoning
designation is applicable.
R E 9 U I R E D F I N D I N G S: (CHAPTER 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may
be achieved through information on the application, the Staff
Report or Minutes. Findings shall be made by the body which has
the authority to approve or deny the development application.
These findings relate to the following four areas:
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The proposed GC zoning designations is consistent with the
underlying "General Commercial" Land Use Designation.
The existing Flea Market use is allowed as a conditional use in
the General Commercial zoning district, thus when annexed the
use will be a conforming conditional use.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
P & Z Staff Rep¢
Delray Swap Shop - Voluntary Annexation
Page 9
The proposal involves the annexation of existing
development. There will be no changes in the manner that
drainage, and sewer will be provided. Fire, Police, EMS,
and solid waste will shift to a different provider;
however, all of these services will be equal to or enhanced
(see annexation analysis for details). It is anticipated
that connection will be made to the City water system post
annexation.
Compliance with Land Development Regulations:
Upon annexation, the property will come under the development
regulations of the City. Compliance with the perimeter
landscape requirements adjacent to all rights-of way (i.e.
Federal Highway) and compliance with the City sign code will be
required upon annexation. The implications of these regulations
have been discussed with the applicant and plans for compliance
are underway. Any future modifications to the site must comply
with the LDR's.
Within the annexation agreement certain phased off-site
improvements are proposed. During the earlier phases these
improvements will not meet City specifications. These off site
improvements include;
* Installation and maintenance of a pedestrian
walkway along Dixie Highway which during Phase 1 may
be mulch or some other surface suitable for walking.
Phase 2 (April 95-96) will require installation of
surface meeting development specifications of the
City.
* Provision of parking spaces within the Dixie Highway
right-of-way which do not have to meet City
specifications for paved entries, travelways, parking
spaces, curbing, and landscape areas surfaces until
Phase 2 (April 95-96) and Phase 3 (April 96-97).
* Provision of minimum requirements for off-site
parking areas requiring frontage landscaping,
perimeter landscaping on all property boundaries and
paved driveway access points and driveway aisles.
The mechanism to accommodate deferred or partial compliance with
the LDR'S is being worked on by the City Attorney.
Consistency:
Compliance with the performance standards set forth in Section
3.3.2 (Zoning), along with the required findings in Section
2.4.5, shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making of a
finding of overall consistency. The applicable performance
standards of Section 3.3.2 and other policies which apply are as
follows:
P & Z Staff Rep~
Delray Swap Shop - Voluntary Annexation
Page 10
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within stable residential areas shall be
denied.
The site is not within a designated residential area.
Thus, this standard does not apply.
B) Performance Standard 3.3.2(D) states= That the rezone
shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing
and proposed~ or that if an lncompatibil~ty may occur, that
sufficient regulations exist to properly mitigate adverse
impacts from the new use.
The initial zoning designations represent the existing
commercial land use. The commercial zoning
designations are compatible with adjacent commercial
uses and the prevailing land use pattern.
Pursuant to Section 2.4.5(D)(1), a Justification statement
providing the reason for which the change is being sought
must accompany all rezoning requests. The Code further
identifies certain valid reasons for approving the change
being sought.
As this zoning petition involves initial zoning
designations to be assigned to properties being
annexed and the initial City Zoning is equivalent to
the existing County Zoning, the above section does not
apply.
REVIEW BY OTHERS:
COMMUNITY REDEVELOPMENT AGENCY:
The proposed annexation is in the Community Redevelopment Area.
The Community Redevelopment Agency considered the request at
its meeting of February 10, 1994 and had no comments.
COUNTY NOTICE:
On February 9, 1994 the Palm Beach County Planning Division was
notified of the City's intent to annex this property. To date,
a response has not been received.
PUBLIC NOTICE:
Notice to all property owners within 500 feet of the subject
property has been given. Courtesy notices were also sent to
Deborah Dowd (Northeast Neighborhood), Robert Dittman, Stanley
Milosky, and Loren Shaffer (of the North Federal Highway Task
Team). Notice of the Plan Amendment was also provided to the
Inter local Plan Amendment Review Committee ( IPARC ) which
distributes to all adjacent municipalities.
P & Z Staff Rep, ~
Delray Swap Shop - Voluntary Annexation
Page 11
ASSESSMENT AND CONCLUSIONS:
Accommodating the annexation of this property and affixing
an initial City zoning designation of GC is consistent with the
City's program for annexation of territory within its Planning
and Service Area. The annexation is also consistent with the
State's policy under Elms III legislation to eliminate enclaves
and promote annexation into the most appropriate municipality
and service provider.
The annexation will provide the property with better Police,
Fire, EMS and Code Enforcement services. The property will
experience an increase in taxes, and stormwater assessment fees,
which will be partially offset by lower sewer rates.
The City will receive additional revenue from property taxes
(base year value 1985), stormwater assessment fees, and
associated utility taxes and franchise fees. There will be a
slight decrease of $103.44 in sewer utility fees, however an
increase from other revenues will result in a net increase to
the City of approximately $33,899.59 a year.
A L T E R N A T I V E S:
A. Continue with direction.
B. Recommend approval of the annexation, small scale amendment
from CH\5 to GC and an initial zoning designations of GC
(General Commercial).
C. Recommend denial of the annexation, small scale amendment
and initial zoning with the basis stated.
STAFF RECOMMENDATION:
Recommend approval of this annexation, small scale land use
amendment from CH\5 to GC, and initial zoning designation of C42
(General Commercial) upon positive findings with respect to
Section 3.1.1, Section 3.3.2 and policies of the Comprehensive
Plan and the following:
That the property is contiguous, reasonably compact and
does not create an enclave.
That services will be provided to the property in a manner
similar to other similar properties within the City.
GULF STREAM
DRIW
Ti
DELRAY SWAP SHOP
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT:
DATE: APRIL 18, 1994
This is before the Commission to consider the Annexation and
Development Agreement with Drive-In Theaters of Florida, Inc. located
at 2001 North Federal Highway.
Recommend approval of the Annexation and Development Agreement with
Drive-In Theaters of Florida, Inc.
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 the DRIVE-IN THEATERS OF FLORIDA, INC.,
("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, Owners have 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 flea market and is presently allowed as a conditional use
pursuant to the City's Land Development Regulations, and it is
the intent of the parties that the Swap Shop may continue as a
legal conditional use, pursuant to the City's Land Development
Regulations, without any further approval by the City; and
WHEREAS, the current intensity of use and separation of
use areas has been previously established and determined by
Palm Beach County as is set forth in a letter dated May 11,
1988 signed by Terry Verner, Director, Code Enforcement
Division of Palm Beach County, said letter is attached hereto
as Exhibit "B", and is incorporated herein by reference; and
WHEREAS, it is the desire of the City and the Owner that
the development of the subject property proceed as soon as
possible 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 Owner shall, contemporaneously with
the execution of this Agreement, file with the Clerk of the
City, a duly executed petition pursuant to, and in accordance
with, the provisions of Section 171 of the Florida Statutes to
annex to the City the property described in Exhibit "A". The
City agrees to annex the above-described property upon the
terms and conditions set forth in this Agreement.
2. Use of Property.
a. The City agrees to permit the current use of the
property as a flea market as a conditional use under the City's
Land Development Regulations, without any further approval by
the City. The City represents and warrants that the existing
Land Development Regulations and actions taken by the City will
permit the Owner to continue the uses which presently exist on
the property as indicated in the site plan attached as Exhibit
"C", and incorporated herein, and implement the entire parking
and traffic management program as described in Exhibit "D",
which is attached hereto and incorporated herein.
b. The City hereby finds that said uses are
consistent with the City's general commercial land use
designation, the City's GC Zoning District Designation and
Regulations proposed for the property, and are compatible with
neighboring properties as set forth in the Planning and Zoning
Board Report dated February 18, 1994, which is attached hereto
as Exhibit "E", and incorporated herein by reference. City
further finds that said zoning and land use categories are the
most appropriate and compatible designations for the subject
project.
c. The City agrees that the Owner has vested rights
to continue to use the property as said property is currently
being utilized, as well as vested rights to develop the
property in accordance with and to the extent allowed by said
land use and zoning designation and the City's Land Use
Development Regulations.
3
d. The City further acknowledges that it has
inspected the property and has determined that the current uses
on the property are in compliance and conformity with current
City laws and codes applicable thereto which are in effect upon
the execution date of this agreement, except for the use of
outdoor loudspeakers.
3. Compliance with City Sign Code. Owner agrees that
within 180 days from the effective date of the annexation
ordinance, it shall comply with the City's sign code by taking
the following measures=
a. Relocation of the major freestanding sign to
meet the 25 foot (25') setback requirement, and the
reduction of the sign's height to a maximum elevation of
18 feet (18'),
b. Removal of the roof-top sign situated on the
buildings along the south property line,
c. Removal of sidewalk and temporary signing, along
Federal Highway, and
d. Removal of banners which are visible from
Federal Highway.
4. Master Sign Program. The Owner agrees to develop the
property In conformance with the master sign program attached
as Exhibit "F". The Owner will provide in its master sign
program new directional signing as well as how the Owner
intends to use banners on the interior of the property
described in Exhibit "A".
5. Compliance with the City's Landscape Code. Within
180 days of the effective date of the annexation ordinance, the
Owner agrees to comply with the City's landscape code by taking
the following measures:
a. Enhancing the frontage along Federal Highway to
depth of approximately 16 feet by installing additional
tree planting and either textured pavers or ground cover,
or a combination thereof,
b. Installing perimeter landscaping to provide for
a minimum 5 foot wide planting area with mature hedging
and trees at approximately 30 feet on center along the
north and south property boundaries, except for the
southwest corner which is not amenable to landscaping due
to its width,' and
c. Implementing the landscape plan which is
attached hereto as Exhibit "G". The City acknowledges
that the existing hedge may remain as part of the
perimeter landscaping.
6. Compliance with the City's Occupational License Fees.
The Owner agrees that it shall pay to the City one annual
payment for the total occupational license fees for each vendor
at the Swap Shop. The first such payment shall be due no later
than September 30, 1994, and by September 30th each subsequent
year. The fee shall be based upon the following for~aula:
annual fee = [(maximum use + minimum use) / 2] x 1.15% x
(standard retail fee /2)
5
~erms ~
* (max use · mtn use /2) is the average use
* 1.15% represents a 15% turnover
* (standard retail fee/2) is one-half the standard fee
For calendar year 1994, the fee is calculated as:
[(350 + 150) /2] x 1.15% x ($80/2)
(500 /2) x 1.15% x $80/2 = $11,500
For subsequent years, the amount to be collected as an occupa-
tional license fee may change as the variables within the
formula are altered. Failure of the property owner to provide
the payment of the required occupational license fee, shall
result in an assessment and collection of full retail
occupational license fee by the City from each vendor which
operates on the property described in Exhibit "A".
7. Off-Site Parkinq.
a. The City agrees that it will process, at its
expense, provided that design and landscape code requirements
are met, and recommend for approval, conditional use and/or
site plan applications which accommodate Swap Shop parking on
appropriately zoned GC, PC, AC, and CF privately owned property
within the "vicinity of the Swap Shop." The "vicinity of the
Swap Shop" is defined as that land being south of Gulfstream
Boulevard, east of the FEC Railway and north of N.E. 14th
Street.
b. The City is not responsible for processing or
waiving fees for petitions for the use of the Marina Cay or
Miller Dodge properties.
c. For the use of properties which presently do not
have parking areas which have been approved or which do not
6
meet current City standards, the minimum landscaping required
for the new off-site parking areas shall include:
Frontage landscaping, per code to a depth of 10 feet,
along Federal Highway, and the installation of paved
driveway access points.
8. 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. The City agrees that
when improvements are proposed for the current site and use,
the City will only require compliance for that portion of the
site which is subject to the improvements.
9. Parkinq and Traffic Manaqement Proqram. The parties
agree that they shall work cooperatively to implement the
parking and traffic management program as set forth in Exhibit
"D". Additional parking considerations, beyond those set forth
within the parking management program, may be implemented, upon
approval by the City Commission.
10. Removal of Development Conditions. In the event
Owner fails to comply with the provisions of Paragraphs 3, 4,
or 5 of the Agreement, the City shall provide Owner with
notice, via certified U.S. Mail, of the items with which
compliance has not been achieved. The Owner shall then have 90
days from the date of receipt of the notice to correct the
deficiency, or provide a written request for an extension of
time to come into compliance. Upon a showing of good cause,
the granting of the extension of time to come into compliance
7
shall not be unreasonably withheld. Failure of the property
owner to comply with the provisions of Paragraphs 3, 4, and 5
of the Agreement, after receiving notice, shall result in those
provisions being of no further force and effect. The Owner
agrees that if it fails to comply with the provisions of
Paragraphs 3, 4, or 5 following receipt of notice from the
City, that it will be responsible for complying with the
existing standards and regulations as contained in the City's
current sign and landscape code.
11. Enforcement of Agreement. The parties further agree
that the Owner or the City, either in law or in equity, by
suit, action, mandamus or other proceeding, may enforce or
compel the performance of this Agreement.
12. Successors and Assigns. This Agreement shall be
binding on the Owner, and its successors and assigns.
13. 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: Drive-In Theatres of Florida, Inc.
3291 West Sunrise Boulevard
Fort Lauderdale, FL 33311
14. Severability. It is further agreed that several
provisions of this Agreement shall be separable, and that if
any court of competent Jurisdiction shall adjudge the pro-
visions of this Agreement to be invalid or in unenforceable,
8
that judgment shall not effect the validity or enforceability
of any other provision of this Agreement.
15. Entire Agreement. This Agreement constitutes the
full and complete understanding between the parties hereto, and
no other oral representations have been made. No modification
or change to this Agreement shall be valid or binding upon the
parties unless in writing executed by the parties to be bound
thereby.
16. Amendments. It is further agreed that this Agreement
may be amended by the mutual consent of the parties by the
adoption of any amendment by the City amending the terms of
this Agreement, and the acceptance of same by the Owner.
IN WITNESS WHEREOF, the parties hereto have entered into
this Agreement the day and year written above.
CITY OF DELRAY BEACH, FLORIDA
ATTEST: By:
Thomas Lynch, Mayor
City Clerk
Approved as to Form:
City Attorney
DRIVE-IN THEATERS OF FLORIDA,
WITNESSES: INC.
(Print or Type Name)
WITNESS:
(Print or Type Name)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me
this day of , 1994, by
(name of officer or agent, title of officer
or agent, of (name of
corporation acknowledging), a (state or place
of incorporation), corporation, on behalf of the corporation.
He/She is personally known to me/or has produced
(type of identification) as identification.
Signature of Notary Public -
State of Florida
Print, Type or Stamp Name of
Notary Public
10
EXHIBIT "A"
PROPERTY DESCRIPTIONi
South 403.25 feet of the easterly 497.35 feet of the
west one-half (W 1/2) of the southwest one-quarter
(SW 1/4) of southeast one-quarter (SE 1/4) and that
part of the south 403.40 feet of the southeast
one-quarter (SE 1/4) of the southwest one-quarter (SW
1/4) being the northerly 128.66 feet of southerly
272.66 feet lying east of State Road 5 as in OR 2311,
Page 701.
TOGETHER WITH
That part of westerly 155.89 feet of south 403.4 feet
of west one-half (W 1/2) of southwest one-quarter (SW
1/4) of southeast one-quarter (SE 1/4) and east 44.11
feet of northerly 171.24 feet of south 403.4 feet of
southeast one-quarter (SE 1/4) of southwest
one-quarter (SW 1/4) lying east of State Road 5.
TOGETHER WITH
That part of westerly 166.40 feet of south 403.4 feet
of west one-half (W 1/2) of southwest one-quarter (SW
1/4) of southeast one-quarter (SE 1/4) and easterly
131.42 feet of southerly 144 feet of southeast
one-quarter (SE 1/4) of southwest one-quarter (SW
1/4) lying east of State Road 5.
C~rol A.-Robcr~s, Ch~ir
C~rol ~. Elmquist ~~~ · De~ment o[ Pl~n~lng, ~o~ln~
Doro;hy Will:eh ~~~ ~:~ A.
·
· .. ;y . f, '..,: . . . ..;.
. E~XB~T =B=
Pt-est on ~nn
Delpay ~ea;h~ ~l.
Re: 'Alleged viol&tions o~ County Building')and'zoning'Cod~
regul&t ion~.
Dear- Mess~t-s. Henn &r,d Tu~-byiill~ ' ·
This let~e~ is a follo~ up to the meeting held at the Delr~y
Shop on Thursday~' ~ay 5~ 19t~. Pt-esen~ a~ that meeting .~ePe '?;":.'?
myseie~ Mr. Lot-eh ~heffet- and Hr. Harold Turbyfi'll*"' ~t that time .'~
Mt-. Tut-byfill indicated a desire on the part o~-the S~p Shop
,:,~ners-~o restt-ict vento~ sales area to that ' portion of the'
tpive-inn pt-opet-~y lying ~est of the re~ ~all of the snack
P~rthep, it ~as indicated by Mr. Turbyfill that : that po~ion of .
~he pr,:,pet-~y east of the rear ~all of the snack bar ~ould be
apt-anged into a pa~king area~ -ith parking stops'installed and
pat-king spaces ~pppc, ppiately ~elineated. ~ "
~ revie~ ol out- rile'pertaining to the ~ap ~hop'activittes and
the documentation and evidence contained therein i:'~indica~es .that
the above · desct-ibed proposal ~ould appea~., to p~upn the vendo~
at-ca of ~he ~ap ~hop to appoximately that ':,hich:'~illed in%he
mid t~ late 7~~.. '"In the opinion Of this office'should.~he above?~'~:"~=
be' implemented the alleged violations concerning'-~el.l(a) of the
.
County Zoning Code ~ould be corrected. ~s ~as..indicated a~ the'
time o~ ou~ - '
on site meeting this office is a~a~e .tha~' the above !'~'-':
described proposal cannot be implemented until Ju~e 1~ 1988~.. due '~'
to agreements signed ~ith the various vendors, We ~ill expect~ ~--'
ho~eve,~ th~ ,sol June ~ ~88 all vendo~ areas in ~he above ..-.
described parking area ~i1~ be discontinued and ...steps ~ill be
taken to convert tha~ reap portion of the property pr~viously ·
described into on-site parking. Should ~y understanding of the ..~
a~ot-ementioned proposal not be accurate I ~ouid.~'app~e=iate you
contacting me ~t your earliest convenience regal-ding same, ·
· ·
,'~ · ).~.~;t.J~:..~ L??'~.'~. ~,~, .. - ..~...- -- ...... . .... . ....... ~5,,, c,,~... .,~-c ......
, . . ...~. ,. y,. -, : f,.. [z
f¢,,:,t ~-equ£;'ed fr,~r,t _setotc~. ::~.~: .. .. revxew .of.;the.evtdenc~f~and
docufner, t ion ~r~nt~inmd .
.. - ~.;. - .~ . - ,- ~ ·
me~surms m~:~.mclno th~sn~Sissues~would~eq~t
,...... · ,:,b~airied. for. theg;.tvinB ..~M ~the:~'a~i~B ~l~te.d
'corr, e~ of · the p~opsr~y ~would have~toi~e., relocated..
An ~dditior,~l issu~ has a~is~n as'a result [.of the activity.
St~p Sho~ 1~.~ ~eekend. f Specifically,'~.~m~lai~s;[~e~e ~eceived~
by this .~ffice pe~mding ~the loud.'~s~ke.:system~,.b~inB ope~t
deal lng with pe~fo~rz~tnco stand&~ds~-~ Specl~ically'~mubpa~&~
~ said ~ect i,:,n deals ~ith- the Palm".~each :CountY~N~i~ei0~dl~ance;
~urthem, s~t fomth within t~e ~oise:megulati~ns'it:j~'l~dic~tes~th~t
loud speakers ~me pmohibited fpom:opeeatinB between.the' hours
1B:~ P.M. ~r~d 1~:6~ A.M. on ~eeke~ds and holidays'such
sound the~-ef~'o~n is plainly audible ~cross the g~ogemt7", lin~
lnh~blted residential property. It ~ould be best~that.,you.-.not~f7
the agppoppi~te rattles concerned, and .. refrain: ~Om~Use
loud spea~er systefn until~ 1~:8~ A.~. 'on ~eekends'and/op holidays
om reduce the sound level'..such that'"it , is.notd~a~dible
~-egat~ds to the com[aittee-designated by the.~oapd
With
Co~r~issionet-s to ~evie~ the allegations 'and.~. ppoble[~s
~he Delpay ' S~ap Shop ..;I - see . r~o~.~eason ~to~call:~an..iadditional'~
trip. Should .the re~edies set'?' forth hepein"be
. .
a~peeable to you I ~ill notify he~.:.upon hep.return :-:-that
initiated steps to b, ing[,the pro~e~ty[iinto ~oMpliance .~lth[~the~I~
as ,-.i ted to those '. se=t[Ons'..i' all...d.tJ-.,
correspondence. Again, I appreciate you~coop~atton'
you ~ave any specific questions ~eBapding.these,matteps please
not h~sitate to con~aQt ~Ae. ~P'.- ....... ; .~.'*~ '.--~'~' '~'~
...... ,:. ,.. . ~-~ .~.,
' *' ' · . ' '- ,[. ~,' ' : ~t.,'iY"
...... . .... -
Sincerely, ' . . ' ..:
. f-. . . '. ~,'.. , ;..,,. -
I - / %~ ~' ~ ~ .;~..'.~'. ~' . ~ ,'.'.'~ :...,'.~ ~..~
Code Enfo~ce~nt Division ,. "
. .Z~ .~.~ .
TV: s~ .~ . ,... .......
,: ., ,:~' '.
.,
Ma7o~ D,:,~k Campbell ,.'
: .:~:,~......-'. -'. .. . .... ~ , ,: ....
· ' .."C'~:'.- L~ ~ .'.-"~'~.- .- ~'"~.'.'.:, . ' ' *" " ' "":'~;' ' ' '" ' ' *~';' ~ ' '
, ,..-. ,*,, ~ .... ~.~' ,. ~ ~ '.'. ~ ~ , '..-M ~. ~ .2. ·., r.'. '~.. ~' .~'~.~% ' .. ...
- ":'"'~ ~- .'~ .. ' ~ ..... ' .' '~; '""'" -,.~l~;~'-*.~--)~.Ti.' /~.'j~''~A'`.' i '" "'
PARKING AND TRAFFIC MANAGEMENT PROGRAM
The Swap Shop will create a parking and traffic control
plan which shall provide for:
1. The location and layout of parking spaces within the Dixie
Highway right-of-way which shall, among other items,
include:
a. defined driveway/access points;
b. the number of spaces in each parking area;
c. provision for a barrier (stanchions and roping would
be adequate) which would prohibit traffic from not
using designated .access points and traffic routing
plan;
d. a layout which does not accommodate the backing of
vehicles into the travel lanes; however, parallel
parking may be used;
e. signing (directional/use) locations.
2. Appropriate personnel (e.g. qualified law enforcement
persons) to direct traffic, enforce parking, and direct
pedestrian movements;
3. The operation, by the Swap Shop, of tram service between
designated parking areas and the Swap Shop;
4. Installation and maintenance of a pedestrian walkway
system along Dixie Highway (off the travelway) to points
of east/west access to the sidewalks along Federal
Highway. This walkway may be mulch or some other surface
suitable for walking. It need not meet City specifica-
tions for sidewalk or pathway construction;
5. A period of operation for the tram and personnel from
December 1st through the Easter holiday of each year with
designation of days of operation being Saturdays, Sundays,
holidays, and special event/promotion daysl
6. On an as-needed basis, the Swap Shop will provide other
personnel to assist in operation, security, and trash
pick-up in the designated parking areas along Dixie
Highway;
7. A hold harmless agreement to the benefit of the City for
use of the Dixie Highway right-of-way for parking and
pedestrian purposes.
Exhibit "E"
MEETING OATE: FEBRUARY 28, 1994
AGENDA ITEM: IV.A.
ITEM: ANNEXATION, SMALL SCALE PLAN AMENDMENT, AND ZONING FOR'
DELRA¥ SWAP SHOP
GENERAL DATA:
Owners ................... Del=ay Swap Shop
Associates, Inc.
Applicant ................ Preston Henn
Location ................. Approximately 1S00
feet south of Gulfstream
Boulevard, on the east
side of Federal Highway.
Proper~y Size ............ 6.45 Acres
City Land Use Plan ....... General Commercial
(with Large Scale
Mixed Use Overlay)
County Land Use Plan ..... CH-5 (Commercial with
a residential equivalent
of 5 units/acre)
Current County Zoning .... CG (General Commercial)
Proposed City Zoning ..... GC (Gene=al Commercial)
Adjacent Zoning...Nor=h: AC (Automotive Commercial)
East: RS (Single Family Residential
- Town of Gulfstream)
Sou~h: SAD (Special Activities
District)
Wast: GC:
Existing Land Use ........ Delray Swap Shop.
wa=er Service ............ Existing 12" water main
along Federal Highway.
Sewer Service ............ Existing on si=e via an
8" sewer main In Federal
Highway.
ITEM BEFORE THE BOARD:
The .item before the Board is that of making a
recommendation on a voluntary annexation (pursuant to
Florida Statute' 171.044), a Small Scale Land Use amendment
from County CH\5 (Commercial High Intensity) to City GC
(General Commercial), and initial zoning of GC (General
Commercial).
LDR Sections 2.4.5 (A), (C) and (D) provide rules and
procedures for the processing of this petition.
The subject property is located on the east side of North
Federal Highway north of N.E. 21st Street (extended) and is
known as the Delray Swap Shop.
BACKGROUND:
The Delray Swap Shop is one enclave within the unincoz~orated
area known as the No~ch Federal Highway corridor. ~is corridor
is surrounded by three municipalit£es, Boynton Beach to the
north, Gulfstream on the east, and Delra¥ Beach on the south and
west. The area has been a subject of concern to the City for
many years. Problems with abandoned buildings, undesirable
uses, drug sales and prostitution have plagued the area.
For a full background history on the North Federal H£ghway
corridor see the North Federal Highway Enclave annexation
report.
In 1993, the Florida State legislature recognized that enclaves
can create significant problems in planning, growth management,
and service delivery, and declared that it is the policy of the
State to eliminate enclaves. To this end, the passage of ELMS
III legislation in 1993 allowed municipalities to annex enclaves
under 10 acres in size, through an lnterlocal agreement with the
County having Jurisdiction of the enclave (Florida Statute
171.046).
An £nterlocal agreement which included this property was first
scheduled before the City Commission on November 23, 1993, but
was deferred in order that discussions could be held with the
owner of the Delray Swap Shop property. These discussions have
been pursued and as a result the owner has agreed to voluntarily
annex via an annexation agreement.
The City Commission initiated the related Small Scale
Comprehensive Plan amendment and initial zoning at its meeting
of February 8, 1994.
Page
PROJECT DESCRIPTION:
The territory to be annexed includes three parcels noted on the
Palm Beach County Property Appra£ser's Map as parcels 505, 506,
and 507 having a combined acreage of 6.445 acres. The proper~y
contains the Delray-Swap Shop (Delray Flea Market) which has
me~chan~ booths on the ~esk half of ~he s~ke and pa~k~ng on the
east half of the s~te. The p~oposed ~tu~e ~nd Use des~at~on
~s ~ne~al Co~erc~al. The proposed, zoning designation w~ll be
~ (~neral Co~erc~al).
The a~ea being a~exed ~ Include the adjacent ha~f of Federal
H~ghwa~ r~ght-of wa~.
ANNEXATION ANALYSIS:
Florida Statutes GovernLng AnnexatLons:
Pursuant to Florida Statute 171.044 "the owner or owners of real
properties in an incorporated area of the County, which is
contiguous to a municipality and reasonably compact may petition
the governing body of said municipality that said proper~y be
annexed to the municipality". Pursuant to F.S. 171.044 (S)
"land shall not be annexed through voluntary annexation when
such annexation results in the creation of enclaves".
* The proper~y is contiguous with the C~ty, reasonably
compact, and its annexation will not create an
enclave. The annexation will reduce an existing County
enclave area.
Land Development Requlationm ~overning Annexations:
Pursuant to the Land Development Regulations Section 2.4.5
(C)(1) "the owner of land may seek ~he annexation of contiguous
proper~y, under his ownership" pursuant to Florida Statutes.
Annexation agreements
The applicant has agreed to voluntarily annex into the City
subject to an annexation agreement. For specific details on
this agreement see the attached Planning and Zoning Memorandum
from Director David J.Kovacs.
COMPREHENSIVE PLAN ANALYSIS:
Consistency between the City and County Land Use Map
Designations=
The City's current Future Land Use Map designation for
these properties is "General Commercial". The County's
Land Use designation for these parcels is CH/$ (Commercial
High Intensity - Residential equivalent of $ units per
acre).
Page ~
The City's "General Commercial" Land Use designation is
consistent with the County's CH\5 (Commercial High
Intensity) designation. The City's FLUM designations as
in£tially contained on the City's Future Land Use Map
adopted In November, 1989, (and as formally amended
subsequently) are deemed to be advisory until an
Land Use Amendment is processed.
Adjacent Land Use Map Designations and Land Uses:
The surrounding Land Use Map designation to the west is
General Commercial. The land Use designation to the east is
Low Density Residential in the City of Gulfstream. To the
south is General Commercial with a Large Scale Mixed Use
overlay, and to the north is Commercial High Intensity in
Palm Beach County (to be annexed into the City as GC by a
separate action).
The existing Land Uses are residential (Place Au Soleil) to
the east, vacant to the south. To the north and west the
site is bordered by commercial uses (antique shop and
warehouse).
Consistency with the City's Comprehensive Plan~
Designated Annexation Area: The territory to be annexed is
located within '"designated annexation area No. 1" on the east
side of NOrth Federal Highway north of N.E. 21st Street
(extended). Annexation of the territory is consistent with
Policy B-3.4 of the Future Land Use Element, which calls for
annexation of eligible properties.
Provision of Services= When annexation of property occurs,
services are to be provided in a manner which is consistent with
services provided to other similar properties already in the
City (Future Land Use Policy B-3.1). The following is a
discussion of required services and the manner in which they
will be provided.
Police= This property is currently serviced by the Palm Beach
County Sheriff's Office, located at 345 South Congress, which
serves the South County area. The property lies within Sheriff
patrol zone 4. Zone 4 is bordered by E1 Clair Ranch Road on the
west, the Atlantic Ocean on the east, Boynton Beach on the
north, and Atlantic Avenue to the south. One officer is
assigned to a particular zone during a shift (three shifts per
day). Additional response can be mustered from "Cover Cars"
which roam throughout zones randomly, depending on their
availability in South County during that time.
The City of Delray Beach's Police Department has more manpower
to respond in this area~ as a consequence, significantly
improved response time should be realized. Annexation will no=
require additional manpower, as the police currently pass the
property while patrolling areas of the City to the north and
west of the property.
Page 4
FAre and Emergenc~ Services= The annexation of this prope~y
will not require additional manpower. The municipal area is
served by Fire Station No. 1 (West Atlantic Avenue).
With annexation, the property will receive an improve~ent An
. response time from the current 8 1/2 minutes of the County Fire
Department (Indian Springs Station / Military Trail & Gulf Road)
to approximately 4 m~nutes for the City's Fire Department (Fire
Station No 91 West Atlantic Avenue).
Water= A 12" water main exists along the east side of Federal
Highway in front of this property.
Fire suppression is provided along the east side of Federal
Highway by existing fire hydrants immediately south of this
property and at the northwest corner of the property. The
property does not currently receive municipal water which is
available upo~ payment of standard connection fees.
Sewer: The proper~y is currently served by municipal sewer via
a 10" gravity sewer main which runs along the east side of
Federal Highway in front of the site.
S~rsets: This property has direct access to North Federal
Highway. Federal Highway is under the Jurisdiction of the FDOT
(Florida Department of Transportation). The ]urisd~ctional
responsibility and the associated maintenance responsibility
will not change upon annexation.
Parks and 09eh Space: The annexation of the com~ercial proper~y
will not create an additional impact on park and recreational
facilities.
F~nancial Impac~s~
Effect Upon Annexed Property:
For the 1993 tax year the three parcels which make up the Delray
Swap Shop have a combined assessed value of $1,538,494.00. With
the change from County to City Jurisdiction, the following taxes
and rates will be affected:
Ad Valorem Taxes Millage With Annexation
Fire /Rescue MSTU 2.6201 Deleted (County)
Library .3915 Deleted (County)
City Of Delray Beach 6.8600 Added (City)
City of Delray Beach Deb= 1.1400 Added
4.9884 Difference*
* Total =ax m/llage in =he County is 20.0772 mills while in
the City the total millage rate is 25.0656 mills.
Page 5
The current yearly ad valorem taxes are $30,888.65. With
annexation the yearly ad valorem taxes will be $38,563.27 a tax
d~fference of $7,674.62. In addition to property taxeb, the
following Non Ad Valorem fiscal imposit~ons apply=
Delray Beach Storm Water Utility - This City assessment will be
approximately $3,240 based upon the combined (100%) impervious
area of the buildings, parking areas, etc. Properties within
the North Federal Highway area do not qualify for the 25%
discount for private streets or 25% discount for being within
the L.W.D.D.
Sol~d Waste Authority - The North Federal Highway area is
currently serviced by South Florida Sanitat~on, which is under a
five year contract that runs from October 1, 1993 through
September 30, 1998. The City's contract is currently through
Waste Management, Inc. Pursuant to Florida Statute 171.062
(4)(a) "If a party has an exclusive franchise which Is in effect
for at least six months prior to the ~nitiation of an
annexation, the franchisee may continue to provide such services
to the annexed area for five years or the remainder of the
franchise term whichever is shor~er". The annexation will be
cons-mmated prior to the minimum six month period so the waste
service provider will change with the annexation.
The flat rates for commercial properties will remain the same at
.064 per sq.ft, of building area. These flat fees cover
disposal and the base fee only. Collection rates will be
negotiated with Waste Management on an individual basis, and
will vary depending on dumpster size and frequency of pick up.
Occupational L~cence Fils - Upon annexation the Delray Swap Shop
vendors will be required to obtain City of Delray Beach
Occupational Licenses. These licenses will be in addition to
the current County licenses. Through the proposed annexation
agreement the City will collect an annual fee from the Delray
Swap Shop rather than assess ind£vidual vendors. This annual
fee will be calculated each year using a formula based on the
average number of vendors. Using the above formula the annual
fee for Calendar Year 1994, will be $11,$00.00. See attached
write up on the annexation agreement from David J. Kovacs,
Planning Director for further details.
Water/Sewer Rate Reductions - The Delray Swap Shop is currently
served by municipal sewer. The property is charged a base rate
of $43.13 a month which includes a 25% Out-of-City surcharge.
Upon annexation the property will receive municipal sewer at the
standard City rates and will experience a reduction of
approximately $8.64 a month or $103.44 a year savings.
Page 6
Resulting impacts to Proper~¥ Owner=
TABLEA
SUMMARY OF IM~ACT ON DELRAY SWAP SHOP
FINANCIAL CONSiDErATIONS:
AD VALOREMTAXES
(Change from 93/94 county of 20.0772
to City 93/94 rate 25.0656 m~lls.(4.9884) +$7,674.62
NON AD VALOREM
Stormwater Assessment +$3,240.00
Solid Waste Collection NA
WATER & SEWER UTILITY FEES - $103.44
Current rate less 25% surcharge
OCCUPATIONAL LICENSE FEES $11,500.00
ANNUAL FINANCIAL I~PACT: + $22,311.18
NA - Data not available
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time from
8 1/2 minutes (County) to
4 minutes (City).
EMS + Faster response t~me from
8 1/2 minutes (County) to
4 m/nutes (City).
POLICE + Better response based upon
more officers in field.
CODE ENFORCEMENT + Pro-active vs reactive
opportunity to work with
property owners
Fiscal Impacts to the C£t¥: At the 1993 City operating m£11age
rate of 6.86 m~lls and debt rate of 1.14 mills, the property
will generate approximately $12,307.95 in ad valorem taxes per
year. This proper~y is within the Community Redevelopment Area
and as such the City will receive taxes on the value of the
property in the base year 1985 in which the CRA was established.
Ninety five percent of all subsequent increases in property
values would be paid to the CRA as Tax Increment Financing.
While the 1985 property values are not yet available they are
anticipated to be fairly close to the current values.
Additional revenues will be realized through the annual
collection of the stormwater assessment fee ($3,240 annually) as
well as occupational license fees (approximately $11,500
annually), utility taxes (9.5% electric, 7% telephone) and
franchise fees on electric, telephone, and cable.
Delra¥ ~wap ~op ¥olun=ary Annexauzon
Page ?
Additional revenues will be realized through the annual
collection of Occupational Llcence Fees. These fees will be
assessed as an annual fee calculated each year ,using a formula
based on the averag~ number of vendors. Using ~llis formula the
annual fee for Calendar Year 1994, will be $11,500.00.
The City Utility Fund will realize a revenue loss of $103.44
with the elimination of the City sewer 25% surcharge assessed on
Out-of-City utility users. However, after annexation connection
to the water system will occur; thus additional water use
revenues will off-set the reduction in sewer revenue.
TABLE D
COMBINED FINANCIAL IMPLICATIONS TO THE CITY
GENERAL FUND
AD VALOREMTAXES $12,307.95
PER CAP REIMBURSEMENTS= .00
UTILITY TAXES=
Electric (1)= $3,762.00
Natural gas (2)= .00
Phone (3)= +$245.95
FRANCHISE FEES=
Electric (4)= +$2,376.00
Phone (5)= +$35.13
Natural Gas (6)= .00
Cable (7)= .00
OCCUPATIONAL LICENCE FEE t (9)
· +11,500.00
STOMATER ASSESSMENT UTILITY FUND
ASSESSMENTS=
Stormwator Assessment +$3,776.00
SEWER AND WATER UTILITY FUND
UTILITY SERVICE FEES=
Water Utilities (8) .00
Sewer Utilities (8) -$103.44
ANNUAL TOTAL= +$33,899.59
NA - Data not available
(1) Electric Utility Tax based on 9.5% commercial
De£ray swap ~nop vo~unc~'y ~.~=~=~.
Page 8
(2) Natural Gas Utility Taxes are based on 8.5 % of Gas bill
(3) Phone Utility Taxes are based on 7% of phone bills -
business, accounts are a minimum of $36.60
(4) Electric Franchise fees based on 6% of FPL bills
(5) Phone Franchis~ fee based on 1% of phone bill
(6) Natural Gas Franchise fees are based on 5 % of gas bill
(7) Cable Franchis~ Fees are based on 3% of cable bill
(8) Represents loss of 25% surcharge assessed out of City
utility users
(9) Special calculation - see annexation agreement
Z 0 N ! N G A N A L Y S ! S:
The proposed City zoning designation is GC (General Co~ercial)
and the current County zoning designation is CG (Commercial
General).
The surrounding zoning designations are GC (General Commercial)
to the west, SAD (Special Activities District) to ~he south, CG
(County Co--~_ercial General) to the north, and P~ (Residential
Single Family) to the east.
The City zoning designation of General Co~-ercial is similar to
the existing County designations and represents the prevailing
use of the proper~y. Upon annexation only the City zoning
designation is applicable.
R B 9 U Z R E D F Z N D Z N G S: (CHAPTER 3)
Pursuan~ :o Section 3.1.1 (Rm~uirmd Findings), prior to ~he
approval of developmen~ applications, certain findingl ~lt be
~de in a fo~ which is pa~ of ~he official record. ThAm
bm achXmvmd =~ouqh Znfo~Zon on ~hm applZcatZon, ~hm S~aff
Report or MXnutmm. FZndZnqm m~ll bm ~dm ~ ~m ~y whZch ham
~hm authority to approve or deny the dmvmlo~n2 mpplZca~Zon.
These findinq~ relate to the foll~ing four area~:
~urm ~nd Use ~p~ ~e use or st~c~ms ~l~ ~ all~ In
~he zoning dLstrLc~ and the zoning d~s~r~c~ mus= be cons~s=en=
w~=h ~he l~d use
The proposed ~ zon~nq desl~allons ~s cons~sien~ wi=h the
underlying "~neral Co~erctal" Land Use Desl~allon.
The existing Flea ~rket use is allowed as a cond~tional use ~n
the General Co~erc~al zoning distric~, thus when annexed the
use will ~ a confo~ng condi=~onal use.
Concurrency~ Facilities which are provided ~, or through,
Ci=y shall be provided to new developmen~ concurren= wi=h
issuance of a 2er=~ficate of Occupancy. These fac~l~=ies shall
be provided pursuan~ ~o levels of se~ce es=~lished within
Comprehensive Plan.
~elray-swap Sh~9 ' Voluntary Annexation
Page 9
The proposal involves the annexation of existing
development. There will be no changes in the manner that
drainage, and sewer will be provided. Fire, Police, EMS,
and solid waste will shift to a different provider~
however, all of_these services will be equal to or enhanced
(see annexation analysis for details). It is anticipated
that connection will be made to the City water system post
annexation.
Compliance with Land Development Regulations~
Upon annexation, the property will come under the development
regulations of the City. Compliance with the perimeter
landscape requirements adjacent to all rights-of way (i.e.
Federal Highway) and compliance with the City sign code will be
required upon annexation. The implications of ~hese regulations
have been discussed with the applicant and plans for compliance
are underway. Any future modifications to ~he site must comply
with the LDR's.
Within the annexation agreement certain phased off-site
improvements are proposed. During the earlier phases ~hese
improvements will not meet City specifications. These off site
improvements ln¢lude~
* Installation and maintenance of a pedestrian
walkway along Dixie Highway which during Phase ! may
be mulch or some other surface suitable for walking.
Phase 2 (April 95-96) will require installation of
surface meeting development specifications of the
city.
* Provision of parking spaces within the Dixie Highway
right-of-way which do not have to meet City
specifications for paved entries, travelways, parking
spaces, curbing, and landscape areas surfaces until
Phase 2 (April 95-96) and Phase 3 (April 96-97).
* Provision of m/nimum requirements for off-site
parking areas requiring frontage landscaping,
per~meter landscaping on all proper~y boundaries and
paved driveway access points and driveway aisles.
The mechanism to accommodate deferred or partial compliance with
the LDR'S is being worked on by the City Attorney.
Consistency~
Compliance with the performance standards set forth in Section
3.3.2 (Zoning), along with the required findings in Section
..2.4.5, shall be the basis upon which a finding of ovsrall
consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making of a
finding of overall consistency. The applicable performance
standards of Sectlon 3.3.2 and other policies which apply ars as
follows:
Delra¥ Swap Shop Voluntary Annexau~on
Page 10
A) Performance Standard 3.3.2(A) states that a rezonlnq to
other than CF within stable residential areas shall be
den~d.
The site ts not wi=bin a designated resides=iai area.
Thus, this %tandard does not apply.
B) Performance Standard 3.3.2(D) states= That the rezone
shall result In allowing land uses which are deemed
compatible with adjacent and nearby land use both existing
and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly s/tigate adverse
impacts from the new use.
The initial zoning designations represent the existing
commercial land use. The commercial zon£ng
designations are compatible w~th adjacent com~ercial
uses and the prevailing land use pattern.
Pursuant to Section 2.4.5(D)(1), a ]ust~ficat~on statement
providing the reason for which the change is being sought
must accompany all rezoning requests. The Code further
identifies certain valid reasons for approving the change
being sought.
As this zoning petition involves in,rial zoning
designations to be assigned to properties being
annexed and the initial City Zoning is equivalent to
the existing County Zoning, the above section does not
apply.
REVIEW BY OTHERS.'
COMMUNITY REDEVELOPMENT AGENCY:
The proposed annexation is in the Community .Redevelolxaent Area.
The Community Redevelopment Agency considered the request at
its meeting of Februar~ 10, 1994 and had no comments.
COUNTY NOTICE:
On February 9, 1994 the Palm Beach County Planning Division was
notified of the City's intent to annex this property. To date,
a response has not been received.
PUBLIC NOTICE =
Notice to all property owners within 500 feet of the subject
property has been given. Courtesy notices were also sent to
Deborah Dowd (Northeast Neighborhood), Robert Dittman, Stanley
Milosky, and Lores Shaffer (of the North Federal Highway Task
Team). Notice of the Plan Amendment was also provided to the
Interlocal Plan Amendment Review Co-~ttee ( IPARC ) which
distributes to all adjacent municipalities.
Delray Swap She9 - Voluntary Annexation
Page 11
A S S E S S M E N · A N D C 0 N C L U ~ 't' 0 N 8:
Accommodating the annexation of this proper~y and affixing
an initial City zoning designation of GC is consistent with the
City's program for annexation of territory within its Planning
and Service Area. The annexation is also consistent with the
State's policy under Elms III legislation to eliminate enclaves
and promote annexation into the most appropriate municipality
and service provider.
The annexation will provide the property with better Police,
Fire, EMS and Code Enforcement services. The property will
experience an increase in taxes, and stormwater assessment fees,
which will be par~ially offset by lower sewer rates.
The City will receive additional revenue from property taxes
(base year value 1985), sto&~water assessment fees, and
associated utility taxes and franchise fees. There will be a
slight decrease of $103.44 in sewer utility fees, however an
increase from other revenues will result in a net increase to
the City of approximately $33,899.59 a year.
ALTERNATIVES=
A. Continue with direction.
B. Recommend approval of the annexation, small scale amendment
from CH\5 to GC and an initial zoning designations of GC
(General Commercial).
C. Recommend denial of the annexation, small scale amendment
and initial, zoning with the basis stated.
STAFF RECOMMENDATION:
Recommend approval of this annexation, small scale land use
~mendment from CH\5 to GC, and initial zoning designation of GC
(General Commercial) upon positive findings with respect to
Section 3.1.1, Section 3.3.2 and policies of the Comprehensive
Plan and the following:
That the property is contiguous, reasonably compact and
does not create an enclave.
That services will be provided to the property in a manner
similar to other similar properties within the City.
!
GULF STREA/d
i
i
i
i
DELRAY SWAP SHOP
[lTV OF DELRR¥ BEIII:H
CITY ATTORNEY'S OFFICE
F.-\CSIMII_E 4, 7 2V',-475q
(407}
MEMORANDUM
Date: April 4, 1994
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Amendment to Interlocal Agreement with Palm Beach
County - Annexation of Swap Shop Property
Attached for the Commission's approval is an amendment to the
Interlocal Agreement between the City and Palm Beach County
which authorizes the City to annex the North Federal Highway
properties. This amendment, if approved by both City and
County, would permit the City to annex the "swap shop" property
at 2000 N. Federal Highway.
It is hoped that the County Commission will have approved the
amendment at its April 5, 1994 meeting. In the event any
changes are made to the amendment, I will advise you at that
time.
Please call if you have any questions.
DNT: s h
Attachment
cc: David Harden, City Manager
Sharon Morgan, City Clerk's Office
Diane Dominguez, Director of Planning & Zoning
swap. dnt
AMENDMENT TO INTERLOCAL AGREEMENT
PROVIDING FOR ANNEXATION OF ENCLAVES
THIS. AMENDMENT TO THE INTERLOCAL AGREEMENT dated March 22,
1994, is made and entered into this=-- 5 ~ of April, 1994,
between the CITY OF DELRAY BEACH, a municipality located in
Palm Beach County, Florida, hereinaf%er referred to as "CITY"
and PALM BEACH COUNTY, hereinafter referred to as "COUNTY",
each one constituting a public agency as defined in Part I of
Chapter 163, Florida Statutes.
WHEREAS, at its meeting of January 11, 1994, the City
Commission of the City of Delray Beach approved the Interlocal
Agreement Providing for the Annexation of Enclaves within the
municipal limits of the City of Delray Beach;
WHEREAS, at its meeting of March 22, 1994, the County
Commission for Palm Beach County approved the Interlocal
Agreement Providing for the Annexation of Enclaves within the
municipal limits of the City of Delray Beach;
WHEREAS, Section 171.046, Fla. Stat., provides for annexa-
tion of certain enclaves by entering into an Interlocal Agree-
ment between the Municipality and the County having juris-
diction over such enclaves; 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 govern-
mental services for the City to annex certain enclaves; and
WHEREAS, the County and the City desire to amend the
Interlocal Agreement to include an additional enclave as
defined in Section 171.031(13)(a) and (b);
WHEREAS, the County and the City have determined that the
parcel to be annexed pursuant to this Amendment is an improved
property based upon the availability of water and sewer systems
and the availability and access to a public right-of-way; and
WHEREAS, it has been determined by the City and by the
County that the parcel to be annexed by this Amendment meets
the requirements set out in Section 171.031913)(a) and (b) and
171.046, Fla. Stat., as the parcel is developed, is less than
ten (10) acres in size, and is surrounded by the City and a
natural or manmade obstacle that allows passage of vehicular
traffic t° the enclaves only through the City; and
WHEREAS, the enclave identified for annexation in this
Amendment is 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 parcel to
be annexed via this Amendment to the Interlocal Agreement is
subject to the Land Use Atlas of the Palm Beach County Compre-
hensive Plan and County zoning and subdivision regulations
until the City adopts a comprehensive plan amendment to
formally include the parcel in its adopted Comprehensive Plan
and to formally affix a zoning designation thereto.
NOW, THEREFORE, in consideration of the mutual represen-
tations, terms, and covenants hereinafter set forth, the
parties hereby agree as follows:
Section 1. Purpose
The purpose of this Amendment is to allow annexation by
the City of an additional unincorporated enclave which is
identified in Exhibit A which is attached hereto and made a
part hereof.
Section 2. Incorporation of Interlocal Agreement
All provisions contained in the Interlocal Agreement dated
March 22, 1994, entered into between the parties remain in full
force and effect.
Section 3. Annexation
The unincorporated enclave identified in Exhibit "A",
which is attached hereto and made a part hereof, is hereby
annexed into and is 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. Filinq
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.
2
Section 6. Captions
The captions and section designations herein set forth are
for convenience only and shall have no substantive meaning.
CITY OF 9~-~A~ BEACH, FLORIDA PALM BEACH COUNTY
City Attorney ~v CO~,~mS~ON ~p. ~~ JAttorney
3
£C0 0 ?E IFI 00 TI4¥ 14
EXHIBIT "A"
PROPERTY DESCRIPTION:
South 403.25 feet of the easterly 497.35 feet of the
west one-half (W 1/2) of the southwest one-quarter
(SW 1/4) of southeast one-quarter (SE 1/4) and that
part of the south 403.40 feet of the southeast
one-quarter (SE 1/4) of the southwest one-quarter (SW
1/4) being the northerly 128.66 feet of southerly
272.66 feet lying east of State Road 5 as in OR 2311,
Page 701.
TOGETHER WITH
That part of westerly 155.89 feet of south 403.4 feet
of west one-half (W 1/2) of southwest one-quarter (SW
1/4) of southeast one-quarter (SE 1/4) and east 44.11
feet of northerly 171.24 feet of south 403.4 feet of
southeast one-quarter (SE 1/4) of southwest
one-quarter (SW 1/4) lying east of State Road 5.
-TOGETHER WITH
That part of westerly 166.40 feet of south 403.4 feet
of west one-half (W 1/2) of southwest one-quarter (SW
1/4) of southeast one-quarter (SE 1/4) and easterly
131.42 feet of southerly 144 feet of southeast
one-quarter (SE 1/4) of southwest one-quarter (SW
1/4) lying east of State Road 5.
PLANNING AND ZONING DEPARTMENT MEMORANDUM
FROM: DIANE DOMINGUEZ, PRINCIPAL PLANNE
SUBJECT: ANNEXATION AND INITIAL ZONING,
DELRAY SWAP SHOP PROPERTY
DATE: MARCH 2, 1994
As you know, the Planning and Zoning Department has been
processing a petition for the voluntary annexation of the Delray
Swap Shop property on North Federal Highway. This property was
separated from the annexation of the remaining Federal Highway
enclaves at the request of Swap Shop owner Preston Henn, who
indicated that he preferred to come into the City voluntarily
subject to an agreement which outlined allowable uses and
required improvements. Assurances of Mr. Henn's willingness to
annex were verbal only; a signed petition for annexation was not
submitted.
Several meetings were held between City staff and Swap Shop
manager Howard Turbyfill, and also with Roger Saberson, the
attorney for the project. A detailed analysis of the annexation
was conducted, and a staff report and annexation agreement were
prepared. The Planning and Zoning Board considered the item at
its meeting of February 28, 1994, and recommended approval.
Staff has on numerous occasions requested that a signed
annexation petition be submitted for this item. In recent
conversations, Roger Saberson has stated the owner is "not
comfortable" signing an annexation petition at this time.
Florida Statutes 171.044 states the following regarding
voluntary annexation:
"Upon determination by the governing body of the
municipality that the petition bears the signatures of all
owners of property in the area proposed to be annexed, the
governing body may, at any regular meeting, adopt a
nonemergency ordinance to annex said property and redefine
the property lines of the municipality to include said
property."
This item was scheduled to be heard on first reading at the City
Commission meeting of March, 8, 1994. Absent a signed petition
as required by statute, this item should be pulled from that
agenda.
c: David Tolces, Assistant City Attorney
Lula Butler, Community Improvement Director
Allison Harty, City Clerkv~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
INITIATION OF SMALL SCALE MAP AMENDMENT AND INITIAL
QITY ZONING FOR THE DELRAY SWAP SHOP PROPERTIES
DATE: FEBRUARY 4, 1994
This item is before the Commission to formally initiate a small
scale amendment to the Future Land Use Map and the imposition of
initial City zoning, upon annexation, for the Delray Swap Shop.
The subject property is located on the east side of North Federal
Highway immediately adjacent to the existing City boundary.
The owners of the Swap Shop are filing for voluntary annexation
to the City. Consistent with that action, the City has agreed to
be responsible for processing necessary and appropriate
amendments to the Future Land Use Map (FLUM) and the Official
Zoning Map. The current advisory FLUM designation is General
Commercial. The use of "swap shop" is allowed as a conditional
use within the General Commercial (GC) zone district; thus the
appropriate designation in each instance is General Commercial.
Recommend initiation of a change to the Future Land Use Map to
add the Swap Shop to the City's jurisdiction and to designate the
properties as General Commercial and to add the properties to the
Official Zoning Map (upon annexation) as General Commercial (GC).
CITY COMMISSION DOCUMENTATION
TO: /~DA~ID T. HARDEN, CITY MANAGER
FROM: DAVID J. KOVACS, A.I.C.P.
DIRECTOR OF PLANNING
SUBJECT: MEETING OF FEBRUARy 8, 1994
INITIATION OF SMALL SCALE MAP AMENDMENT AND INITIAL
CITY ZONING FOR THE DELRAY SWAP SHOP PROPERTIES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
initiating the actions of a Small Scale Amendment to the
Future Land Use Map and of initial City =oning for what is
known as the Delray Swap Shop.
The Swap Shop is located on the east side of North Federal
Highway immediately adjacent to the existing City boundary.
Formal action in initiating these actions is required
pursuant to LDR Section 9.2.1 for the Comprehensive Plan;
and is provided for in LDR Section 2.4.4(A) for the zoning
action.
BACKGROUND:
Through a separate action, the owners of the Swap Shop
properties are filing for voluntary annexation to the City.
Consistent with that action, the City has agreed to be
responsible for processing necessary and appropriate amendments
to the Future Land Use Map (FLUM) and the Official Zoning Map.
The current advisory FLUM designation is General Commission.
The use of "swap shop" is allowed as a conditional use within
the General Commercial (GC) zone district. Thus, the
appropriate designation in each instance is General Commercial.
After formal initiation, the items will be processed as follows:
* public hearing before the Planning and Zoning Board on
February 28th, 1994
* 1st reading of annexation, plan amendment, and zoning
actions before the City Commission on March 8th or 9th
* 2nd reading and public hearing of the enacting ordinances
on March 22nd.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not formally reviewed this
item nor are they required to do since it is the act of
initiating the formal processes. The Board has reviewed the
overall North Federal Highway annexation . program when it
reviewed the Enclave Annexation program. Also, the Board
reviewed the circumstances leading to the voluntary annexation
approach.
RECOMMEND ED ACTION:
By motion, formally initiate a change to the Future Land Use Map
to add the Swap Shop to the City's jurisdiction and to designate
the properties as General Commercial and to add the properties
to the Official Zoning Map, upon annexation, as General
Commercial (GC).
The parcel nomenclature and legal descriptions for the Swap Shop
properties are attached.
Attachments:
* Location Map
* Property descriptions
N, FEDERAL UNINCDRPBRATED ENCLAVES
PRE]PBSED FBR ANNEXATIBN
24
18 LEGEND
ENCLAVES 10 BE ANNEXED.
( ~ 14.1
_AHNEXEO 8¥ AGREEUENT.
lO 33
34
35.2
35.1 UNICORPOF1ATED COUNTY,
6 ~6 NOT I~EETING THE
OF' · ENCLAVE".
4 CITY OF
BOYNION BEACH.
2
Q Q ENCLAVE NOS. 1-0~
?06 - LDT
. SO2 503 ~ - ^p~ss
708 ~
707 .~~
ATTACHMENT TO CITY COMMISSION DOCUMENTATION
INITIATION OF FLUM AMENDMENT AND ZONING
DELRAY SWAP SHOP PROPERTIES
Parcel i -
PCN - 00-43-46-04-00-000-5050
Legal -
Section 4, Township 46, Range 43, That portion of the westerly
155.89 feet of the south 403.4 feet of the west 1/2 of the
southwest 1/4 of the southeast 1/4 and the east 49.11 feet of
the northerly 171.24 feet of the south 403.4 feet of the
southeast 1/4 of the southwest 1/4 lying east of State Route 5.
Parcel 2 -
· PCN - 00-43-46-04-00-000-5060
Legal -
Section 4, Township 46, Range 43, the south 403.25 feet of the
easterly 497.35 feet of the west 1/2 of the southwest 1/4 of the
southeast 1/4 and That portion of the the south 403.4 feet of
the southeast 1/4 of the southwest 1/4, being the northerly
128.66 feet of the southerly 272.66 feet lying east of State
Route 5 as recorded in OR 2311 p. 701.
Parcel 3 -
PCN: 00-43-46-04-00-000-5070
Legal:
Section 4, Township 46, Range 43, that portion of the westerly
166.40 feet of the south 403.4 feet of the west 1/2 of the
southwest 1/4 of the southeast 1/4 and the easterly 131.42 feet
of the southerly 144 feet of the southeast 1/4 of the southwest
1/4 lying east of State Route 5.