21-94 CERTIFICATION
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached
Ordinance No. 21-94, annexing a 1.57 acre parcel of land located
at 14378 Military Trail (known as The Boys Farmers Market),
providing for a small scale land use plan amendment to affix an
official land use designation for said land, and establishing
initial zoning of GC (General Commercial) District, is a true and
correct copy of the original of said document which is an
official record on file with the City of Delray Beach, Florida.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
12th day of July, 1994.
Alison ~a~cGre~6r~ Hasty-
City Clerk
City of Delray Beach, Florida
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
Municipal Boundary Change Notification Form
Prepared in accordance with the Florida Statutes
Please mark envelope 'ATTN: Annexation Notice" or "A TTN: Deannexation Notice"
This form and all indicated enclosures have been forwarded to:
Department of State ( ) Executive Office of the Governor
Bureau of Administrative Code Office of Planning and Budgeting
Room 2002 Revenue and Economic Analysis Unit
The Capitol The Capitol
Tallahassee, FL 32399-0250 Tallahassee, FL 32399-0001
Palm Beach County Clerk of the Circuit Court ( ) Palm Beach County Administrator
Recording Department C/O Director, Dept. of Planning, Zoning & Building
P.O. Box 4177 Intergovernmental Section (Ar'm: Principal Planner)
West Palm Beach, FL 33402-4177 800 13th Street, PBIA
West Palm Beach, FL 33406
Palm Beach County Property Appraiser
Geoprocessing Section ( ) Palm Beach County Supervisor of Elections
301 N. Olive Ave., 5th Floor 301 N. Olive Ave., Room 105
West Palm Beach, FL 33401 West Palm Beach, FL 33401
National Flood Insurance Program, Region 4 ( ) Other: __
Federal Emergency Management Agency
1371 Peachtree Street NE, Suite 700 .
Atlanta, GA 30309 --
Municipality: City of Delray 'B~ach Today's Date: ~ 1_4, 1994
Contact for Questions: Alison MacGregor Harry Phone Number: 407/243_-3050
City Clerk
Ordinance Number or ldentification: Ord. No. 21-94 _
Effective Date: 7/5/9 4
This Is a Notice of: (X) Annexation ( ) Deannexation
Will addresses in the annexed
area be changed? (~/no)
POPULATION EFFECT ENCLOSURES
STATEMENT ( ~ Required (per F.$. 171): Certified Copy of Adopting Ordinance,
(per F.S. 186) Including Legal Description of Boundaries by Metes and Ek, unds
and a Map (Map Scale:
Best estimate of increase (decrease) (Map scale should be large enough to accurately determine the boundaries ot the
caused by this boundary change: annexation or deannexation. If available, please include at least four monumcnted
section corners or other features that reference the monumentcd section Kr~d
Total Population: - 0-
Please do not fold the map.)
Single Family
Housing Units: - O- ( ) Essential for County agencies and utilities: List of Affected Addresses
(Include the original addresses and, if they will be changed, the new add r,_~sses.
Multi-Family DOES NOT APPLY
Housing Units: - O- ( ) O;~tional: Coordinate Geometry of Annexed or Deannexed Area
Mobile Homes: -0- ( ) Other (Specify:
5/94
ORDINANCE NO. 21-94
AN o~DINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PARCEL OF LAND LOCATED AT 14378 MILITARY
TRAIL, AND BEING MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS
OF SAID CITY; REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE
DESIGNATION FOR SAID LAND TO THE FUTURE LAND USE MAP AS
CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE
PLAN; 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, Anthony Fanelli and Elizabeth Fanelli, his wife, are
the fee-simple owners of a parcel of land located at 14378 Military
Trail, Delray Beach, Florida, commonly known as The Boy's Farmers
Market, as the same is more particularly described herein; and
WHEREAS, Gerald B. Church, P.E., as the duly authorized agent
for the fee-simple owners as hereinabove named, has requested by
voluntary petition to have the subject property annexed into the
municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach~ Florida;
and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes; and
WHEREAS, the subject property hereinafter described is
presently under the jurisdiction of Palm Beach County, Florida, having a
County Future Land Use Map designation of C-8 (Commercial with a
residential equivalent of 8 units/acre); and
WHEREAS, the advisory Future Land Use Map (FLUM) designation
for the subject property in the City of Delray Beach, Florida, is GC
(General Commercial); and
WHEREAS, the City's Future Land Use Map designation of GC
(General Commercial) is consistent with the County FLUM designation of
C-8 (Commercial. with a residential equivalent of 8 units/acre) for the
property hereinafter described; and
WHEREAS, the City's FLUM designations as initially contained
on the City's Future Land Use Map adopted in November, 1989, and as
subsequently amended, are deemed to be advisory only until an official
Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of
this proceeding, and provisions of Land Development Regulations Chapter
Two have been followed in establishing the proposed zoning designation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
The South 63.73 feet of the South 1/2 of the Northwest
1/4 of the Southwest 1/4 of the Northwest 1/4 of
Section 13, Township 46 South, Range 42 East, Palm
Beach County, Florida, less the East 500 feet and less
the right-of-way of Military Trail (State Road No.
809);
AND
The North 63.73 feet of the South 127.46 feet of the
South 1/2 of the Northwest 1/4 of the Southwest 1/4 of
the Northwest 1/4 of Section 13, Township 46 South,
Range 42 East, Palm Beach County, Florida, less the
East 500 feet and less the right-of-way of Military
Trail (State Road No. 809);
AND
The North 63.73 feet of the South 191.19 feet of the
South 1/2 of the Northwest 1/4 of the Southwest 1/4 of
the Northwest 1/4 of Section 13, Township 46 South,
Range 42 East, Palm Beach County, Florida, less the
East 500 feet and less the right-of-way of Military
Trail (State Road No. 809);
- 2 - Ord. No. 21-94
LESS AND EXCEPT the following described real property:
.A parcel of land for road right-of-way purposes,
lying in Section 13, Township 46 South, Range 42
East, County of Palm Beach, State of Florida, and
more particularly described as follows:
For the purpose of this description the centerline
right-of-way of Military Trail (State Road 809) as
shown on the right-of-way map of Military Trail
(from State Road 806 North to Steiner Road) now in
the files of the Land Acquisition Department of
Palm Beach County under Project Number 86-112, is
assumed to bear North 00 degrees 57' 45" West, and
all bearings recited herein are related thereto.
Commencing at the West One-Quarter (W 1/4) corner
of said Section 13; thence, North 00 degrees 00'
25" West along the west line of the Northwest
One-Quarter (NW 1/4) of said Section 13 a distance
of 697.17 feet to the south line of that certain
parcel described in deed recorded in Official
Record Book 4001, Page 640 of the Public Records
of said County, and the Point of Beginning;
thence, North 89 degrees 46' 28" East along said
south line a distance of 13.33 feet to a line
60.00 feet east of and parallel with the
centerline right-of-way of Military Trail, as said
centerline is shown on said right-of-way map of
Military Trail; thence, North 00 degrees 57' 43"
West along said parallel line a distance of 191.21
feet to the south line of that parcel conveyed to
Robert S. Bacon on the 12th day of April, 1985,
and described in deed recorded in Official Record
Book 4522, Page 406 of the Public Records of said
County; thence, South 89 degrees 46' 28" West
along-said south line a distance of 10.14 feet to
the west line of the Northwest One-Quarter (NW
1/4) of said Section 13; thence, South 00 degrees
00' 25" East along said west line a distance of
191.19 feet to the Point of Beginning.
AND
The South 191.19 feet of the West 200 feet of the East
500 feet of the South 1/2 of the Northwest I/4 of the
Southwest 1/4 of the Northwest 1/4 of Section 13,
Township 46 South, Range 42 East, Palm Beach County,
Florida.
- 3 - Ord. No. 21-94
The subject property being located on the east side of
Military Trail, approximately 2,100 feet north of
Atlantic Avenue, at 14378 Military Trail; and
containing a 1.57 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).
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.
- 4 - Ord. No. 21-94
Section 10. That this ordinance shall become effective as
follows: As to the annexation and zoning, i~ediately upon passage on
second and final reading; as to the small scale land use plan amen~ent,
the date a final order is issued by the Department of Co.unity Affairs
or Administration Co~ission finding the amen~ent in compliance in
accordance with Section 163.3184, Florida Statutes, whichever occurs
earlier. No development orders, development pe~its, or land uses
dependent on this amen~ent may be issued or co~ence before it has
become effective. If a final order of noncompliance is issued by the
A~inistration Co. is sion, this amen~ent may nevertheless be made
effective by adoption of a resolution affixing its effective status, a
copy of which resolution shall be sent to the Depar~ent of Co.unity
Affairs, Bureau of Local Planning, 2740 Cente~iew Drive, Tallahassee,
Florida 32399-2100.
PASSED ~D ~OPTED in regular session on second and final
reading on this the 5th day of J~Y , 1994.
ATTEST:
~i~' cIe~k '
First Reading June 2!, 1994
Second Reading July 5, 1994
- 5 - Ord. No. 21-94
Return to: (enclose self-addressed stamped envelope)
Name
ORIVF.
IdcGO~E:RN ORIV[
.. o,,,~
HIGHPOINT WEST
SPENCE
PROPERTY
ATLANTIC
BOY'S FARMERS MARKET
ANNEXATION
ORDINANCE NO. 21-94
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 14378 MILITARY
TRAIL, AND BEING MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS
OF SAID CITY; REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE
DESIGNATION FOR SAID LAND TO THE FUTURE LAND USE MAP AS
CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE
PLAN; 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, Anthony Fanelli and Elizabeth Fanelli, his wife, are
the fee-simple owners of a parcel of land located at 14378 Military
Trail, Delray Beach, Florida, commonly known as The Boy's Farmers
Market, as the same is more particularly described herein; and
WHEREAS, Gerald B. Church, P.E., as the duly authorized agent
for the fee-simple owners as hereinabove named, has requested by
voluntary petition to have the subject property annexed into the
municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach, Florida;
and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes; and
WHEREAS, the subject property hereinafter described is
presently under the jurisdiction of Palm Beach County, Florida, having a
County Future Land Use Map designation of C-8 (Commercial with a
residential equivalent of 8 units/acre); and
WHEREAS, the advisory Future Land Use Map (FLUM) designation
for the subject property in the City of Delray Beach, Florida, is GC
(General Commercial); and
WHEREAS, the City's Future Land Use Map designation of GC
(General Commercial) is consistent with the County FLUM designation of
C-8 (Commercia~ with a residential equivalent of 8 units/acre) for the
property hereinafter described; and
WHEREAS, the City's FLUM designations as initially contained
on the City's Future Land Use Map adopted in November, 1989, and as
subsequently amended, are deemed to be advisory only until an official
Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of
this proceeding, and provisions of Land Development Regulations Chapter
Two have been followed in establishing the proposed zoning designation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
The South 63.73 feet of the South 1/2 of the Northwest
1/4 of the Southwest 1/4 of the Northwest 1/4 of
Section 13, Township 46 South, Range 42 East, Palm
Beach County, Florida, less the East 500 feet and less
the right-of-way of Military Trail (State Road No.
809);
AND
The North 63.73 feet of the South 127.46 feet of the
South 1/2 of the Northwest 1/4 of the Southwest 1/4 of
the Northwest 1/4 of Section 13, Township 46 South,
Range 42 East, Palm Beach County, Florida, less the
East 500 feet and less the right-of-way of Military
Trail (State Road No. 809);
AND
The North 63.73 feet of the South 191.19 feet of the
South 1/2 of the Northwest 1/4 of the Southwest 1/4 of
the Northwest 1/4 of Section 13, Township 46 South,
Range 42 East, Palm Beach County, Florida, less the
East 500 feet and less the right-of-way of Military
Trail (State Road No. 809);
- 2 - Ord. No. 21-94
LESS AND EXCEPT the following described real property:
A parcel of land for road right-of-way purposes,
lying in Section 13, Township 46 South, Range 42
East, County of Palm Beach, State of Florida, and
more particularly described as follows:
For the purpose of this description the centerline
right-of-way of Military Trail (State Road 809) as
shown on the right-of-way map of Military Trail
(from State Road 806 North to Steiner Road) now in
the files of the Land Acquisition Department of
Palm Beach County under Project Number 86-112, is
assumed to bear North 00 degrees 57' 45" West, and
all bearings recited herein are related thereto.
Commencing at the West One-Quarter (W 1/4) corner
of said Section 13; thence, North 00 degrees 00'
25" West along the west line of the Northwest
One-Quarter (NW 1/4) of said Section 13 a distance
of 697.17 feet to the south line of that certain
parcel described in deed recorded in Official
Record Book 4001, Page 640 of the Public Records
of said County, and the Point of Beginning;
thence, North 89 degrees 46' 28" East along said
south line a distance of 13.33 feet to a line
60.00 feet east of and parallel with the
centerline right-of-way of Military Trail, as said
centerline is shown on said right-of-way map of
Military Trail; thence, North 00 degrees 57' 43"
West along said parallel line a distance of 191.21
feet to the south line of that parcel conveyed to
Robert S. Bacon on the 12th day of April, 1985,
and described in deed recorded in Official Record
Book 4522, Page 406 of the Public Records of said
County; thence, South 89 degrees 46' 28" West
along said south line a distance of 10.14 feet to
the west line of the Northwest One-Quarter (NW
1/4) of said Section 13; thence, South 00 degrees
00' 25" East along said west line a distance of
191.19 feet to the Point of Beginning.
AND
The South 191.19 feet of the West 200 feet of the East
500 feet of the South 1/2 of the Northwest 1/4 of the
Southwest 1/4 of the Northwest 1/4 of Section 13,
Township 46 South, Range 42 East, Palm Beach County,
Florida.
- 3 - Ord. No. 21-94
The subject property being located on the east side of
Military Trail, approximately 2,100 feet north of
Atlantic Avenue, at 14378 Military Trail; and
containing a 1.57 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).
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.
- 4 - Ord. No. 21-94
Section 10. That this ordinance shall become effective as
follows: As to the annexation and zoning, i~ediately upon passage on
second and final reading; as to the small scale land use plan amen~ent,
the date a final order is issued by the Department of Co--unity Affairs
or Administration Co~ission finding the amen~ent in compliance in
accordance with Section 163.3184, Florida Statutes, whichever occurs
earlier. No development orders, development permits, or land uses
dependent on this amen~ent may be issued or co~ence before it has
become effective. If a final order of noncompliance is issued by the
Administration Co~ission, this amen~ent 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 Co--unity
Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee,
Florida 32399-2100.
PASSED ~D ADOPTED in regular session on second and final
reading on this the 5th day of 3ULY , 1994.
ATTEST:
First Reading 3une 21, 1994
Second Reading 3uly 5, 1994
- 5 - Ord. No. 21-94
SPENCE
PROPERTY
- CITY UMIT~
ATLANTIC
N
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
July 19, 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 July 14, 1994 and
certified copy of Ordinance No. 21-94 annexing certain lands
into the City of Delray Beach, which was filed in this office
on July 18, 1994.
Sincerely,
Liz Cloud, Chief
Bureau of Administrative Code
LC/dlb
[lTV OF gELm:IV BEI:I[H
DELRAY BEACH
100,~W Ist AVE~'.~UE · DEL.RAY BEACH, FLORIDA 33444 · 407/243-7000
Ali.America City
® PLANNING AND ZONING DEPARTMENT MEMORANDUM
1993
TO: DISTRIBUTION LIST
FROM: SENIOR PLANNER
SUBJECT: THE BOY'S FARMERS MARKET ANNEXATION
DATE: JULY 12, 1994
At its meeting of July 5, 1994, the City Commission approved on
second and final reading an ordinance annexing a 1.57 acre
property (2 parcels) known as The Boy's Farmers Market. The
attached map shows the location of property which is now within
municipal boundaries, and under municipal jurisdiction. The
following data is attached for your information. If you have
any questions, please call me at ext. 7046.
THE EFFORT ALWAYS ~/~ATTERS
Pnnted on Recycled Paper
DISTRIBUTION LIST
David Harden, City Manager
Bob Barcinski, Assistant City Manager, Administrative Services
Linda Turnage, Budget Administrator
Susan Ruby, City Attorney
Alison MacGregor-Harry, City Clerk
Lula Butler, Director of Community Improvement
Jerry Sanzone, Building & Inspection Administrator/Chief
Building Official
Joyce. Desormeau, Signs & License Administrator
Nancy Davila, City Horticulturist
Sandy Roberts, Office Computer Specialist
Rod Rodriguez, Deputy Building Official
Richard Bauer, Code Enforcement Administrator
Dorothy Ellington, Community Development Coordinator
Bill Greenwood, Director of Environmental Services
Ralph Hayden, City Engineer
Dick Hasko, Deputy Director for Utilities
Richard Corwin, Deputy Director for Public Works
Joseph Safford, Finance Director
Becky O'Conner, Treasurer
Robert Rehr, Fire Chief
Mike Cato, Fire Safety Division Chief
Joe Weldon, Director of Parks and Recreation
Richard Overman, Police Chief
Larry Miller, Utility Billing Manager
ANNEXATION BRIEF FOR THE BOY*S FARMERS MARKET
Property Control Numbers:
Parcel 315 - 00-42-46-13-00-000-3150
Parcel 319 - 00-42-46-13-00-000-3190
Acreaqe:
Parcel 315 - 0.70
Parcel 319 - 0.87
1.57 Acres
Number of
Buildings
Taxable Value: On-Site:
Parcel 315 - $120,694.00 3
Parcel 319 - $ 68,828.00 0
$189,522.00
Projected Population Increase: - 0 -
Owner's Address: Property Address:
Anthony & Elizabeth Fanelli 14378 Military Trail
216 Merrill Avenue Delray Beach, FL 33483
Staten Island, NY 10314
County Land Use Desiqnation: C/8 (Commercial - Residential
Equivalent of 8 units/acre)
City Land Use Designation: General Commercial
City Zoninq Desiqnation: GC (General Commercial)
Current Use of Property: Farmers Market (Produce Store)
-- HAZZA ORI~
I~-_._ J ~
I HIGHPOINT WEST ~ f
~ENCE " m
PROPERTY ~' ~ . J Y ~__ --
~ '
- ~ ~ -
I
I
,~, -,, ,~ ,,. , .... ~ - , ,, A T L A N TI C ..,
'1 i' N eo~'s FARUtRS MARK[T
' ' --~ ANN[XATION
lm
III
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~NAGER~
SUBJECT: AGENDA ITEM ~ /OA - MEETING OF JULY 5, 1994
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO.
21-94/THE BOYS FARMERS MARKET
DATE: JUNE 28, 1994
This is second reading and public hearing for Ordinance No. 21-94
which annexes a 1.57 acre parcel of land located on the east side
of Military Trail, approximately 2,100 feet north of Atlantic
Avenue, at 14378 Military Trail. The property contains The Boys
Farmers Market which consists of a 4,648 sq.ft, farmers market with
outdoor display area and associated parking. The ordinance also
provides for a small scale land use plan amendment to affix an
official land use designation of GC (General Commercial) on the
property, and establishes initial zoning of GC (General Commercial)
District.
This ordinance is the partial culmination of a voluntary petition
from the property owners. In February, 1994, application was made
to annex, amend the land use plan and establish initial zoning for
the entire Boys Market holdings (comprised of a total of three
parcels). Upon review, however, it was determined that if all
three parcels were annexed, an enclave would be created immediately
to the east. The creation of an enclave is not permitted under
Florida law.
On April 12, 1994, the Commission postponed consideration of this
item to allow more time for staff to further review and attempt to
resolve this situation. While progress is being made, the
applicant does not want to delay construction of a new Farmers
Market and wishes to proceed with the annexation of the two south
parcels at this time, and annex the third (north) parcel at a later
date. Therefore, Ordinance No. 21-94 incorporates the two parcels
which comprise the southern portion of the Boys Market property
(1.57 acres).
At the Planning and Zoning Board meeting of March 21, 1994, there
was no public testimony in opposition to annexation and zoning.
There was some concern expressed regarding traffic and noise
considerations. Subsequent to annexation, a site plan will be
submitted which will include an improved traffic circulation
system. Noise issues will also be addressed. On June 21, 1994,
the Commission passed Ordinance No. 21-94 on first reading by
unanimous vote.
Recommend approval of Ordinance No. 21-94 on second and final
reading.
ref: a: agmemo7 ~~ ~O
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR ~~jjuv-v ~ ~
DEPARTMENT OF PLANN%~G AND ZONING
FROM: J 7/A. COSTELLO
S NIOR LANNER
SUBJECT: MEETING OF JUNE 21, 1994
FIRST READING OF ORDINANCE NO. 21-94 - ANNEXATION~
SMALL SCALE LAND USE MAP AMENDMENT FROM COUNTY C/8
(COMMERCIAL HIGH INTENSITY) TO CITY GENERAL
COMMERCIAL~ AND INITIAL ZONING OF ~C (GENERAL
COMMERCIAL) FOR THE BOY'S FARMERS MARKET.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance annexing a 1.57
acre parcel of land, changing the Future Land Use
designation from County C/8 to City GC (General
Commercial), and applying an initial zoning designation of
GC (General Commercial).
The subject property is located on the east side of
Military Trail, approximately 2,100 feet north of Atlantic
Avenue.
BACKGROUND:
On February 8, 1994, an application for a land use plan
amendment and annexation with initial zoning were submitted.
The request included all three (3) of The Boys' holdings,
containing approximately 2.89 acres. If the City were to annex
all 3 parcels, an enclave would be created immediately to the
east (ref. Florida Statutes, Chapter 171). In order to avoid
the creation of an enclave, two options were available: either
include the three properties to the east (2 residences) with the
annexation, or exclude the Boys' north parcel (1.32 acres) from
the annexation at this time. With respect to the first option,
the property owners to the east were notified of the annexation
and did not wish to participate at this time. Therefore, the
land use map amendment and annexation only relates to the two
parcels that comprise the southern half of the Boy's property
(1.57 acres).
City Commission Documentation
Meeting of June 21, 1994
First Reading of Ordinance No. 21-94 - FLUM Amendment, Annexation
and Initial Zoning for The Boy's Farmers Market
Page 2
The property contains The Boy's Farmers Market which has a 4,648
sq.ft, farmers market (flower and produce shop) with outdoor
display area and associated parking. The proposed Future Land
Use designation is General Commercial and the proposed zoning
designation will be GC (General Commercial). Additional
background and an analysis of the request is found in the
attached Planning and Zoning Board Staff Report.
At its meeting of April 12, 1994, the City Commission held first
reading of this item. At the meeting, the property owner stated
that he would like to also annex the north parcel, which
contains a 30' access easement for two homes to the east.
However, by annexing the north parcel, an enclave would be
created as it will be necessary for the residences, which are
under County jurisdiction, to drive through the City to access
their property. The Commission then postponed first reading to
allow modification of the ordinance and re-advertising.
Since the City Commission meeting, staff has met with the
applicant on several occasions to discuss the alternatives for
annexing the north parcel. During this time period, the
applicant has submitted a site plan application to construct a
new farmers market on the south parcel. In order not to further
delay the project, the property owner has chosen to proceed with
annexing the south parcel at this time, and has submitted a
separate application to annex the north parcel. Annexation of
the north parcel is anticipated in August.
PLANNING AND ZONING BOARD CONSIDERATION=
At its meeting of March 21, 1994, the Planning and Zoning Board
held a public hearing in conjunction with review of the request.
There was no public testimony in opposition to the annexation
and zoning. However, two area residents expressed concerns over
noise associated with the market, and over the existing traffic
circulation at Military Trail and Lake Front Boulevard/Post
Office (Highpoint Lake Drive). The applicant's representative
stated that an alternative access was being designed. When the
market is annexed into the City, a site plan will be submitted
for improvements, which will include an improved traffic
circulation system. He stated that noise issues would also be
addressed in the plan. The Board voted 6-0 (Golder absent) to
recommend that the requests approved.
RECOMMENDED ACTION=
By motion, approval of Ordinance No. 21-94 on First Reading and
setting a public hearing date of July 5th.
Attachment:
* P & Z Staff Report and Documentation of March 21, 1994
* Copy of Ordinance No. 21-94
PLANNING AN. ZONING BOARL
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: March 21, 1994
AGENDA ITEM: IV. B.
ITEM: Annexation, Small Scale Land Use Plan Amendment and
Initial Zoning of the Boy's Market, Military Trail.
GENERAL DATA:
Owners ................... Anthony & Elizabeth Fanelli cmv ii ,
I
Agent .................... Gerald B. Church ,
Location ................. ~pproxtmatety 2. tOO [eet
north of A~lan~ic Avenue,
on the east side of
Proper~y Size ............ 1.~7 Acres
County Land Use Plan ..... C/8 (Co~ercial- Residential
equivalent of 8 units/acre)
HIGHPO{NT
Proposed City Land Use
Plan ~signation ......... General Co~ercial ~__
Current County Zoning .... AR (Agricultural Residential)
Proposed City Zoning ..... ~ (~neral Co~erclal) ~EN~ ,
PROPER~
Ad~acen~ Zoning...Nor~h: ~ -County
Eas~: ~ - County <
South: ~ - City ~ I
West: RS (Single F~I1y Residential) -
County -
~xis~lng ~nd Uses ....... Existing fa~ers marke~ (re,ail
via a service lateral connection
to a 12" water main along Milita~ .e~% I
Sewer Service ............ A sep~Lc sys=em exists
City sewer service is available
via connection to an existing 4"
sewer force main located along the I
east side of Milita~ Trail.
ATLANTIC
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 Map
Amendment f~om County C/8 (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
Military Trail, approximately 2,100 feet north of
Atlantic Avenue.
BACKGROUND:
The subject property is currently located in unincorporated Palm
Beach County with an AR (Agricultural Residential) zone
designation. However, the property is located within the City's
Planning Area and is eligible for annexation. Palm Beach County
records indicate that building permits were issued in 1981, for
the construction of a greenhouse and shade house. The property
has been utilized as a farmers market for several years.
Presently, retail sales are not an allowable use under the
County AR zoning designation, thus the farmers market (retail)
is nonconforming. In 1990, an application for a Water Service
Agreement was submitted to the City, however, the agreement has
never been executed.
On February 8, 1994, an application for a land use map amendment
and annexation with initial zoning were submitted. The request
included all three (3) of The Boys' holdings, containing
approximately 2.89 acres. If the City were to annex all 3
parcels, an enclave would be created immediately to the east
(ref. Florida Statutes, Chapter 171). In order to avoid the
creation of an enclave, two options were available. Either
include the three properties to the east (2 residences) with the
annexation or exclude the Boys' north parcel (1.32 acres) from
the annexation at this time. With respect to the first option,
the property owners to the east were notified of the annexation
and did not wish to participate at this time. Therefore, the
land use map amendment and annexation only relates to the two
parcels that comprise the southern half of the Boy's property.
That action is now before the Board.
PROJECT DESCRIPTION:
The territory to be annexed includes two parcels noted on the
Palm Beach County Property Appraiser's Map as parcels 315 and
319 having a combined acreage of 1.57 acres. The property
contains The Boy's Farmers Market which has a 4,648 sq.ft.
farmers market (flower and produce shop) with outdoor display
area and associated parking. The proposed Future Land Use
designation is General Commercial and the proposed zoning
designation will be GC (General Commercial).
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 2
ANNEXATION ANALYSIS:
Florida Statutes Governing Voluntary Annexations.'
Pursuant t° Florida Statute 171.044 "the owner or owners of real
properties in an unincorporated 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 Governing Annexations:
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.
COMPREHENSIVE PLAN ANALYSIS:
CONS I STENCY BETWEEN THE C I TY AND COUNTY LAND USE MAP
DES IGNATIONS:
The City's proposed Future Land Use Map designation for
these properties is "General Commercial". The County's
Land Use designation for these parcels is C/8 (Commercial -
Residential equivalent of 8 units per acre). The City's
"General Commercial" Land Use designation is consistent
with the County' s C/8 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 Land Use Map designation to the north is Palm Beach
County C/8 (with an advisory City designation of General
Commercial); South is City General Commercial; East is Palm
Beach County C/8 (with an advisory City designation of
Transitional); and, west is Palm Beach County HR8 (High
Residential - 8 units per acre) (with an advisory City
designation of Medium Density Residential 5-12 units per
acre ) .
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 3
The existing Land Uses are residential to the west
(Highpoint West); vacant to the north; residential and
vacant to the east; and, commercial to the south (Shoppes
of Delray).
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
.Designated Annexation Area: The territory to be annexed is
located within "designated annexation area No. 4" on the east
side of Military Trail north of Atlantic Avenue. 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
south of the property.
Fire and Emergency Services: The annexation of this property
will not require additional manpower. The municipal area is
served by Fire Station No. 4 (Barwick & Lake Ida Roads).
With annexation, the property will receive an improvement in
response time from the current 6 minutes of the County Fire
Department (Indian Springs/Military Trail & Woolbright Road) to
approximately 2.5 minutes for the City's Fire Department (Fire
Station No. 4 at Barwick and Lake Ida Roads).
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 4
Water: Water service currently exists via service lateral
connection to a 12" water main located along the east side of
Military Trail in front of this property. This water is being
provided without a water service agreement which is required for
properties that are not within the City limits.
As the property to the north is not included in this annexation,
a water service agreement is being executed along with the
annexation. This agreement will ensure that water is available
for development on the north parcel, and will provide a
mechanism for future annexation of that property.
Fire suppression is available along the east side of Military
Trail by existing fire hydrants approximately 300' north and
500' south of this property. It is noted that with any new
development, installation of a fire hydrant may be required.
Sewer: The property is not receiving sewer service. Sewer
service is available upon payment of standard connection fees
and the installation of a private lift station. The private
lift station would be necessary as the nearest sewer connection
is to a force main along the east side of Military Trail.
Streets: This property has direct access to Military Trail'.
Military Trail is under the jurisdiction of Palm Beach County.
The jurisdictional responsibility and the associated z,.aintenance
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 two subject parcels which make up the
Boy's Farmers Market have a combined assessed value of
$189,522.00. With the change from County to City jurisdiction,
the following taxes and rates will be affected:
Ad Valorem Taxes Millaqe 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 Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 5
The current yearly ad valorem taxes are $3,805.07. With
annexation the yearly ad valorem taxes will be $4,750.48; a tax
difference of $945.42. In addition to property taxes, the
following Non Ad-Valorem fiscal impositions apply:
Delray Beach Storm Water Utility - This City assessment will be
approximately $555 based upon the combined (100%) impervious
area of the buildings, parking areas, etc., and a 25% reduction
within the Lake Worth Drainage District area. If drainage is
retained on-site, an additional 25% discount may be available.
Solid Waste Authority - The Military Trail 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". As the initiation of the annexation
occurred within the six month time period, 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 Licence Fees - Upon annexation The Boy's Farmers
Market will be required to obtain a City of Delray Beach
Occupational License. This license will be in addition to the
current County license fee ($30). The City license fee for a
retail operation is $80. However, an occupational license
issued after April let is reduced by one-half the cost that is
normally assessed. Pursuant to the Business Cross Reference
Directory, there are three (3) separate businesses existing
on-site. Thus, a license is required for each business. The
license fee for Calendar Year, 1994, will be $120. The license
fee for Calendar Year, 1995, is estimated to be $240.
Water/Sewer Rates - The Boy's Farmers Market is currently
served by municipal water. Typically, properties not located
within the City are assessed an Out-of-City surcharge. However,
the property has been charged the standard City rate, therefore,
there will be no reduction with respect to the water rate.
Resulting Impacts ko Property Owner~
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 6
TABLE A
SUMMARY OF IMPACT ON THE BOY'S FARMERS MARKET
FINANCIAL CONSIDERATIONS=
AD vALOREM TAXES
(Change from 93/94 county of 20.0772
to City 93/94 rate 25.0656 mills.(4.9884) +$ 945.42
NON AD VALOREM
Stormwater Assessment +$ 555.00
Solid Waste Collection NA
WATER & SEWER UTILITY FEES $ .00
Currently receiving water at City rate
OCCUPATIONAL LICENSE FEES +$ 240.00
ANNUAL FINANCIAL IMPACT: +$ 1,740.42
NA - Data not available
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time from
(estimated time) 6.0 minutes (County) to 2.5
minutes (City).
EMS + Faster response time from
(estimated time) 6.0 minutes (County) to 2.5
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 $ 1,508.18 in ad valorem taxes per
year.
Additional revenues will be realized through the annual
collection of the stormwater assessment fee ($555 annually) as
well as occupational license fees (approximately $80 annually),
utility taxes (9.5% electric, 7% telephone) and franchise fees
on electric, telephone, and cable.
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 7
TABLE D
COMBINED FINANCIAL IMPLICATIONS TO THE CITY
GENERAL FUND
AD VALOREM TAXES +$ 1,508.18
PER cAP REIMBURSEMENTS: .00
UTILITY TAXES:
Electric (1): +$ 74.76
Natural gas (2): .00
Phone (3): +$ 7.69
FRANCHISE FEES~
Electric (4): +$ 47.22
Phone (5): +$ 1.10
Natural Gas (6): .00
Cable (7): .00
OCCUPATIONAL LICENCE FEE :
+$ 240.00
STORMWATER ASSESSMENT UTILITY FUND
ASSESSMENTS:
Stormwater Assessment +$ 555.00
SEWER AND WATER UTILITY FUND
UTILITY SERVICE FEES:
Water Utilities .00
Sewer Utilities .00
ANNUAL TOTAL: +$ 2,433.
NA - Data not available
(1) Electric Utility Tax based on 9.5% commercial
(2) Natural Gas Utility Tax based on 8.5 % of Gas bill
(3) Phone Utility Tax 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
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 8
ZONING ANALYSIS:
The proposed City zoning designation is GC (General Commercial)
and the current County zoning designation is AR (Agricultural
Residential ).
The surrounding zoning designations are: County AR to the north
and east; City GC to the south; and, County RS (Single Family
· Residential) to the west.
The City zoning designation of General Commercial represents the
prevailing use of the property. Upon annexation only the City
zoning designation is applicable.
R E Q 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 farmers market use (retail) is allowed as a
permitted use in the General Commercial zoning district, thus
when annexed the use will be a conforming 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.
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's sewer system
post annexation.
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 9
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Upon annexation, the property will come under the development
regulations of the City. The property has a number of
deficiencies as-they relate to the City's Land Development
Regulations i.e. perimeter and internal landscaping, parking,
etc. Any. future modifications to the site must comply with the
Land Development Regulations. The following are some of the
significant items that have been identified:
Outdoor Display: There is an area adjacent to the building
which is devoted to outdoor display of fruit and vegetables,
which is allowed pursuant to LDR Section 4.6.6(B) (Allowable
Outside Usage). The exact square footage devoted to outdoor
display has not been determined. However, the outdoor display
area is not to exceed 10% of the square footage of the interior
of the building which contains the main use. If the outdoor
display area exceeds 10% of the floor area, it can remain as
nonconforming. However, it is noted that if the outdoor display
area impedes or prevents access for emergency purposes, the Fire
Marshal may require removal or modification of the display area.
[ref. LDR Section 4.6.6(C)].
Billboard% There is an existing billboard located at the
southwest corner of the property. When a sign which does not
comply with the provisions of Section 4.6.7 (Signs), the sign
must be removed upon annexation'. Staff will work with the
property owner in order to obtain compliance.
Perimeter Landscaping: Presently, there is no perimeter
landscaping adjacent to Military Trail. It is anticipated that
once annexation has occurred, a site plan submittal will follow.
This item will be addressed with the site plan review.
Access Easement: The property owner has been cited by Palm
Beach County for installing a commercial parking lot (shellrock)
which is not an allowed use in the County AR zone district. The
parking lot is located on the north parcel which is not included
in this annexation. As the customers were parking on the north
parcel, they were utilizing the access easement along the north
side of the property, which provides access to the single family
residences to the east, as a secondary access point for the
market without obtaining approval. This easement intersects
with Lake Front Blvd./Post Office entrance (Hlghpoint Lake
Drive) and Military Trail. The large volume of vehicles exiting
the market conflict with the vehicular movements at the
intersection, thus creating a traffic hazard. Presently, the
access easement is not being utilized for customer access. The
applicant is working with Palm Beach County Traffic Division and
City staff to address the access issues related to this
propprty.
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 10
Shellrock Parking Area: There is an existing shellrock parking
area on the subject property. Compliance with City regulations
will be obtained with the anticipated site plan submittal.
CONSISTENCY:
Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions), along with the required
findings in Section 2.4.5 (Rezoning Findings), 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.
Section 3.3.2 (Standards for Rezoning Actions): Standards B and
C are not applicable with respect to this rezoning request. The
applicable performance standards of Section 3.3.2 are as
follows:
A) That a rezoning to other than CF within stable residential
areas shall be denied.
The subject property is not within a designated
residential area. Thus, this standard does not apply..
B) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land uses
both existing and proposed; or that if an incompatibility
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, to the south and the post office, to the north.
The residential properties to the east and west,
across Military Trail are adequately are screened by a
hedge and wood fence.
Section 2.4.5(D)(5) (Rezoninq Findinqs):
Pursuant to Section 2.4.5(D)(5), in addition to the provisions
of Section 3.1.1, the City Commission must must make a finding
that the rezoning fulfills one of the reasons for which the
rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which
make .the current zoning inappropriate;
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 11
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The applicant has submitted a Justification statement which
states the following:
"The property is in the unincorporated area of Palm Beach
County, however, it is within the City of Delray Beach
reserve areas. Both contiguous properties to the north
(Post Office) and south (Shoppes of Delray) have been
annexed to the City and they have been developed as strip
commercial. The Fanelli property is a farmers market, with
County Zoning - Agriculture. The requested zoning is for
General Commercial which is consistent with the present use
and adjacent commercial properties."
Comment: The justification statement addresses Item "c" as the
basis for which the rezoning should be granted. The requested
zoning is of similar intensity as that allowed under the
proposed City General Commercial land use designation and the
existing County C/8 land use designation. Further, the GC
zoning is more appropriate given the existing use of the
property and its location, as it is situated between a shopping
center and the post office.
REVIEW BY OTHERS:
The subject property is not in a geographic area requiring
review by the CRA (Community Redevelopment Agency) to the DDA
(Downtown Development Authority).
If approval is granted, it is anticipated that a site plan
application will be submitted for review by the Site Plan Review
and Appearance Board.
Palm Beach County Notice:
On February 28, 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. Notice of the Land Use Plan
Amendment was also provided to the Interlocal Plan Amendment
Review Committee (IPARC) which distributes the information to
all adjacent municipalities.
Public Notice:
Formal public notice has been provided to all property owners
within a 500 ft. radius of the subject property. Courtesy
notices were also sent to the Homeowner's Associations of
Highpoint Sections 1-7. Letters of objection, if any, will be
presented at the Planning and Zoning Board meeting.
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 12
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 f~r 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.
The City will receive additional revenue from property taxes
(base year value 1985 ), stormwater assessment fees, and
associated utility taxes and franchise fees, which will result
in a net increase to the City of approximately $2,043.95 a year.
Concurrent with this annexation, a water service agreement is
being executed. This agreement will ensure that water is
available for development on the north parcel, and will provide
a mechanism for future annexation of that property.
The property has a number of deficiencies as they relate to the
Land Development Regulations. One of these, is the existing
billboard at the southwest corner of the property, which is
required to be removed upon annexation. Staff will work with
the property owner to obtain compliance. If the annexation is
approved, it is anticipated that a site plan submittal will
follow. With the site plan many of the existing deficiencies
will be eliminated.
ALTERNATIVES ACTIONS ~
A. Continue with direction.
B. Recommend approval of the annexation, small scale amendment
from C/8 to GC and an initial zoning designation 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 C/8 to GC, and initial zoning designation of GC
(General Commercial) based upon positive findings with respect
to Section 3.1.1, Section 3.3.2, policies of the Comprehensive
Plan, and the following.:
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 13
A. That the property is contiguous, reasonably compact and
does not create an enclave; and,
B. That services will be provided to the property in a manner
similar to Other similar properties within the City.
.Attachments:
* Location Map
* Palm Beach County Property Appraiser's Map
* Survey
JC/T: ANNBOYS.DOC
PALNI BEACH
COUN'TY
GARY R: NIKOLITS
RGE TWP SEC AERIAL
42 46 13. NO
®
318 308
~ 5.22 AC. 5.:52 AC.
3 I_! ~c
302 316 306
2 46AC. 2~-473 AC.
~ PROPERTIES TO BE ANNEXED
: ?~', (OWNED BY FANNELLI)
'. 309 309'"" [~
-' PROPERTY NOT INCLUDED
;' 1.24 AC 1.35 AC. (OWNED BY FANNELLI)
CITY OF DELRAY BEACH. FLORIDA
NOTICE OF LAND USE CHANGE
The City Commission of the City of Delray Beach, Florida, will
consider a proposed change to the Future Land Use Map for a
parcel of land known as The Boy's Farmers Market, located on the
east side of Military Trail, apDroximately 2,100 feet north of
Atlantic Avenue and south of the United States Post Office. The
proposal involves a Land Use Plan Designation change FROM C/8 -
Commercial High Intensity (County designation) TQ General
Commercial (City designation). The subject property contains
1.57 acres.
The City Commission will conduct a Public Hearing on TUESDAY,
JULY 5, 1994, AT 7;00 P~M, (or at any continuation of such
meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. At this meeting the City Commission intends to adopt
the amendment to the Future Land Use Map.
All interested citizens are invited to attend the public hearing
and comment upon the proposed Land Use Plan Amendment or submit
their comments in writing on or before the date of this hearing
to the Planning and Zoning Department. For further information
or to obtain copies of the proposed amendment, please contact
Jeff Costello of the Planning and Zoning Department, City Hall,
100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone
407/243-7040), between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED
AT THIS HEARING, SUCH PERSON WILL NEED A RECORD OF THESE
PROCEEDINGS, AND FOR THIS PURPOSE SUCH PERSON 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
June 29, 1994 Alison MacGregor Harty
City Clerk
Instructions to Newspaper: This ad is n~ to appear in the legal
advertisement section of the newspaper. The ad must be at least
one standard column wide and six (6) inches long. The headline
[CITY OF DELRAY BEACH, FLORIDA NOTICE OF LAND USE CHANGE] must
be an 18 point bold headline. Thank you.
CITY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARIN~
A PUBLIC HEARING will be held on the following proposed ordinance
at 7:00 P.M. on TUESDAY, JULY 5, 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. 21-94
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 14378
MILITARY TRAIL, AND BEING MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING
THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR
SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN
THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN;
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, Anthony Fanelli and Elizabeth Fanelli, his wife,
are the fee-simple owners of a parcel of land located at 14378
Military Trail, Delray Beach, Florida, commonly known as The Boy's
Farmers Market, as the same is more particularly described herein;
and
WHEREAS, Gerald B. Church, P.E., as the duly authorized
agent for the fee-simple owners as hereinabove named, has requested
by voluntary petition to have the subject property annexed into the
municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach,
Florida; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes; and
WHEREAS, the subject property hereinafter described is
presently under the jurisdiction of Palm Beach County, Florida,
having a County Future Land Use Map designation of C-8 (Commercial
with a residential equivalent of 8 units/acre); and
WHEREAS, the advisory Future Land Use Map (FLUM)
designation for the subject property in the City of Delray Beach,
Florida, is GC (General Commercial); and
WHEREAS, the City's Future Land Use Map designation of GC
(General Commercial) is consistent with the County FLUM designation
of C-8 (Commercial with a residential equivalent of 8 units/acre)
for the property hereinafter described; and
WHEREAS, the City's FLUM designations as initially
contained on the City's Future Land Use Map adopted in November,
1989, and as subsequently amended, are deemed to be advisory only
until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is
part of this proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the
proposed zoning designation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of
Delray Beach, Palm Beach County, Florida, hereby annexes to said
City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
The South 63.73 feet of the South 1/2 of the
Northwest 1/4 of the Southwest 1/4 of the Northwest
1/4 of Section 13, Township 46 South, Range 42 East,
Palm Beach County, Florida, less the East 500 feet
and less the right-of-way of Military Trail (State
Road No. 809);
AND
The North 63.73 feet of the South 127.46 feet of the
South 1/2 of the Northwest 1/4 of the Southwest 1/4
of the Northwest 1/4 of Section 13, Township 46
South, Range 42 East, Palm Beach County, Florida,
less the East 500 feet and less the right-of-way of
Military Trail (State Road No. 809);
- 2 -
AND
The North 63.73 feet of the South 191.19 feet of the
South 1/2 of the Northwest 1/4 of the Southwest 1/4
of the Northwest 1/4 of Section 13, Township 46
South, Range 42 East, Palm Beach County, Florida,
less the East 500 feet and less the right-of-way of
Military Trail (State Road No. 809);
LESS AND EXCEPT the following described real
property:
A parcel of land for road right-of-way
purposes, lying in Section 13, Township 46
South, Range 42 East, County of Palm Beach,
State of Florida, and more particularly
described as follows:
For the purpose of this description the
centerline right-of-way of Military Trail
(State Road 809) as shown on the right-of-way
map of Military Trail (from State Road 806
North to Steiner Road) now in the files of the
Land Acquisition Department of Palm Beach
County under Project Number 86-112, is assumed
to bear North 00 degrees 57' 45" West, and all
bearings recited herein are related thereto.
Commencing at the West One-Quarter (W 1/4)
corner of said Section 13; thence, North 00
degrees 00' 25" West along the west line of the
Northwest One-Quarter (NW 1/4) of said Section
13 a distance of 697.17 feet to the south line
of that certain parcel described in deed
recorded in Official Record Book 4001, Page 640
of the Public Records of said County, and the
Point of Beginning; thence, North 89 degrees
46' 28" East along said south line a distance
of 13.33 feet to a line 60.00 feet east of and
parallel with the centerline right-of-way of
Military Trail, as said centerline is shown on
said right-of-way map of Military Trail;
thence, North 00 degrees 57' 43" West along
said parallel line a distance of 191.21 feet to
the south line of that parcel conveyed to
Robert S. Bacon on the 12th day of April, 1985,
and described in deed recorded in Official
Record Book 4522, Page 406 of the Public
Records of said County; thence, South 89
degrees 46' 28" West along said south line a
distance of 10.14 feet to the west line of the
Northwest One-Quarter (NW 1/4) of said Section
13; thence, South 00 degrees 00' 25" East along
said west line a distance of 191.19 feet to the
Point of Beginning.
- 3 -
AND
The South 191.19 feet of the West 200 feet of the
East 500 feet of the South 1/2 of the Northwest 1/4
of the Southwest 1/4 of the Northwest 1/4 of Section
13, Township 46 South, Range 42 East, Palm Beach
County, Florida.
The subject property being located on the east side
of Military Trail, approximately 2,100 feet north of
Atlantic Avenue, at 14378 Military Trail; and
containing a 1.57 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.
Se~ion 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).
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.
- 4 -
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.
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 decides to appeal any decision
made by the City Commission with respect to any matter considered
at this hearing, such person will need a record of these
proceedings, and for this purpose such person may need to ensure
that a verbatim 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
June 24, 1994 Alison MacGregor Harty
City Clerk
- 5 -
CITY OF DELRAY BEACH. FLORIDA NOTICE OF ANNEXATION
QRDINANCE NO. 21-94
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 14378 MILITARY TRAIL, AND BEING MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR SAID
LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF
DELRAY BEACH COMPREHENSIVE PLAN; 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. 1ST 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. JULY 5. 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 decides to appeal any decision
made by the City Commission with respect to any matter considered
at this hearing, such person will need a record of these
proceedings, and for this purpose such person may need to ensure
that a verbatim 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
June 24, 1994 Alison MacGregor Harty
July 1, 1994 City Clerk
MAZZA ORI~
HIOHPOINT WEST
SPENCE
PROPERTY
ATLANTIC
J BOY'S FARMERS MARKET
ANNEXATION
Ill
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # /~ ~ MEETING OF JUNE 21, 1994
ORDINANCE NO. 21-94
DATE: JUNE 17, 1994
This is first reading of Ordinance 21-94 which annexes a 1.57
acre parcel of land located on the east side of Military Trail,
approximately 2,100 feet north of Atlantic Avenue, at 14378
Military Trail. The property contains the Boy's Farmers Market
which has a 4,648 square foot farmers market with outdoor display
area and associated parking. The ordinance also provides for a
small scale land use plan amendment to affix an official land use
designation of GC (General Commercial) on the property, and
establishes initial zoning of GC (General Commercial) district.
This ordinance is the partial culmination of a voluntary petition
from the property owners. In February, 1994, application was
received to annex, amend the land use plan and establish initial
zoning for the entire Boy's Market holdings (comprised of a total
of three parcels). Upon review, it was determined that if the
City were to annex all three parcels, an enclave would be created
immediately to the east.
At its April 12, 1994 meeting the Commission postponed first
reading to allow modification of the Ordinance and readvertising.
In order not to delay the construction of the new Farmers Market
the applicant wishes to annex only the two south parcels at this
time, and annex the north parcel at a later date. Therefore,
Ordinance No. 21-94 only relates to the two parcels which
comprise the southern portion of the Boy's Market property (1.57
acres).
At the Planning and Zoning Board meeting of March 21, 1994, there
was no public testimony in opposition to annexation and zoning.
There was some concern expressed, however, regarding traffic and
noise considerations. If the annexation is approved, a site plan
will be submitted which will include an improved traffic circula-
tion system. Noise issues will also be addressed.
Recommend approval of Ordinance No. 21-94 on first reading. If
passed, public hearing on July 5, 1994.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~NAGER~
SUBJECT: AGENDA ITEM ~ /~ - MEETING OF APRIL 12, 1994
ORDINANCE NO. 21-94
DATE: APRIL 8, 1994
This is first reading for Ordinance 21-94 which annexes a 1.57 acre
parcel of land located on the east side of Military Trail,
approximately 2,100 feet north of Atlantic AvenUe, at 14378 Military
Trail. The property contains the Boy's Farmers Market which has a
4,648 square foot farmers market (flower and produce shop) with
outdoor display area and associated parking. The ordinance also
provides for a small scale land use plan amendment to affix an
official land use designation of GC (General CommerciaL) on the
property, and establishes initial zoning of GC (General Commercial)
district.
This ordinance is the partial culmination of a voluntary petition
from the property owners. In February, 1994, application was
received to annex, amend the land use plan and establish initial
zoning for the Entire Boy's Market holdings (comprised of a total of
three parcels). Upon review, it was determined that if the City were
to annex all three parcels, an enclave would be created immediately
to the east. The property owners to the east were notified of this
action, but declined to participate at this time. Therefore,
Ordinance No. 21-94 only relates to the two parcels which comprise
the southern portion of the Boy's Market property (1.57 acres).
At the Planning and Zoning Board meeting of March 21, 1994, there was
no public testimony in opposition to annexation and zoning. There
was some concern expressed, however, regarding traffic and noise
considerations. If the annexation is approved, a site plan will be
submitted which will include an improved traffic circulation system.
Noise issues will also be addressed.
Recommend approval of Ordinance No. 21-94 on first reading. If
passed, public hearing on May 3, 1994.
ORDINANCE NO. 21-94
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 14378 MILITARY
TRAIL, AND BEING MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS
OF SAID CITY; REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE
DESIGNATION FOR SAID LAND TO THE FUTURE LAND USE MAP AS
CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE
PLAN; 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, Anthony Fanelli and Elizabeth Fanelli, his wife, are
the fee-simple owners of a parcel of land located at 14378 Military
Trail, Delray Beach, Florida, commonly known as The Boy's Farmers
Market, as the same is more particularly described herein; and
WHEREAS, Gerald B. Church, P.E., as the duly authorized agent
for the fee-simple owners as hereinabove named, has requested by
voluntary petition to have the subject property annexed into the
municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach, Florida;
and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes; and
WHEREAS, the subject property hereinafter described is
presently under the jurisdiction of Palm Beach County, Florida, having a
County Future Land Use Map designation of C-8 (Commercial with a
residential equivalent of 8 units/acre); and
WHEREAS, the advisory Future Land Use Map (FLUM) designation
for the subject property in the City of Delray Beach, Florida, is GC
(General Commercial); and
WHEREAS, the City's Future Land Use Map designation of GC
(General Commercial) is consistent with the County FLUM designation of
C-8 (Commercial with a residential equivalent of 8 units/acre) for the
property hereinafter described; and
WHEREAS, the City's FLUM designations as initially contained
on the City's Future Land Use Map adopted in November, 1989, and as
subsequently amended, are deemed to be advisory only until an official
Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of
this proceeding, and provisions of Land Development Regulations Chapter
Two have been followed in establishing the proposed zoning designation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
The South 63.73 feet of the South 1/2 of the Northwest
1/4 of the Southwest 1/4 of the Northwest 1/4 of
Section 13, Township 46 South, Range 42 East, Palm
Beach County, Florida, less the East 500 feet and less
the right-of-way of Military Trail (State Road No.
809);
AND
The North 63.73 feet of the South 127.46 feet of the
South 1/2 of the Northwest 1/4 of the Southwest 1/4 of
the Northwest 1/4 of Section 13, Township 46 South,
Range 42 East, Palm Beach County, Florida, less the
East 500 feet and less the right-of-way of Military
Trail (State Road No. 809);
AND
The North 63.73 feet of the South 191.19 feet of the
South 1/2 of the Northwest 1/4 of the Southwest 1/4 of
the Northwest 1/4 of Section 13, Township 46 South,
Range 42 East, Palm Beach County, Florida, less the
East 500 feet and less the right-of-way of Military
Trail (State Road No. 809);
- 2 - Ord. No. 21-94
LESS AND EXCEPT the following described real property:
A parcel of land for road right-of-way purposes,
lying in Section 13, Township 46 South, Range 42
East, County of Palm Beach, State of Florida, and
more particularly described as follows:
For the purpose of this description the centerline
right-of-way of Military Trail (State Road 809) as
shown on the right-of-way map of Military Trail
(from State Road 806 North to Steiner Road) now in
the files of the Land Acquisition Department of
Palm Beach County under Project Number 86-112, is
assumed to bear North 00 degrees 57' 45" West, and
all bearings recited herein are related thereto.
Commencing at the West One-Quarter (W 1/4) corner
of said Section 13; thence, North 00 degrees 00'
25" West along the west line of the Northwest
One-Quarter (NW 1/4) of said Section 13 a distance
of 697.17 feet to the south line of that certain
parcel described in deed recorded in Official
Record Book 4001, Page 640 of the Public Records
of said County, and the Point of Beginning;
thence, North 89 degrees 46' 28" East along said
south line a distance of 13.33 feet to a line
60.00 feet east of and parallel with the
centerline right-of-way of Military Trail, as said
centerline is shown on said right-of-way map of
Military Trail; thence, North 00 degrees 57' 43"
West along said parallel line a distance of 191.21
feet to the south line of that parcel conveyed to
Robert S. Bacon on the 12th day of April, 1985,
and described in deed recorded in Official Record
Book 4522, Page 406 of the Public Records of said
County; thence, South 89 degrees 46' 28" West
along said south line a distance of 10.14 feet to
the west line of the Northwest One-Quarter (NW
1/4) of said Section 13; thence, South 00 degrees
00' 25" East along said west line a distance of
191.19 feet to the Point of Beginning.
AND
The South 191.19 feet of the West 200 feet of the East
500 feet of the South 1/2 of the Northwest 1/4 of the
Southwest 1/4 of the Northwest 1/4 of Section 13,
Township 46 South, Range 42 East, Palm Beach County,
Florida.
- 3 - Ord. No. 21-94
The subject property being located on the east side of
Military Trail, approximately 2,100 feet north of
Atlantic Avenue, at 14378 Military Trail; and
containing a 1.57 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).
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.
- 4 - Ord. No. 21-94
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
- 5 - Ord. No. 21-94
HIGHPOINT WEST
SPENCE '
' i
PROPERTY >-
CANAL L-33 ' ".
.... ., . ATLANTIC
~ ANNEXATION
~ ii i i -
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: D I~N~'~O~ I NGUE Z, D PRECOR
II~I AND ZONING
FROM: A. COSTELLO
/PLANNER
SUBJECT: MEETING OF APRIL 12, 1994
FIRST READING OF ORDINANCE NO. 21-94 - ANNEXATION~
SMALL SCALE LAND USE MAP AMENDMENT FROM COUNTY C/8
(COMMERCIAL HIGH INTENSITY) TO CITY GENERAL
COMMERCIAL~ AND INITIAL ZONING OF GC (GENERAL
COMMERCIAL) FOR THE BOY'S FARMERS MARKET.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
apDroval on first reading of an ordinance annexing a 1.57
acre parcel of land, changing the Future Land Use
designation from County C/8 to City GC (General
Commercial), and applying an initial zoning designation of
GC (General Commercial).
The subject property is located on the east side of
Military Trail, approximately 2,100 feet north of Atlantic
Avenue.
BACKGROUND:
On February 8, 1994, an application for a land use plan
amendment and annexation with initial zoning were submitted.
The request included all three (3) of The Boys' holdings,
containing approximately 2.89 acres. If the City were to annex
all 3 parcels, an enclave would be created immediately to the
east (ref. Florida Statutes, Chapter 171). In order to avoid
the creation of an enclave, two options were available: either
include the three properties to the east (2 residences) with the
annexation, or exclude the Boys' north parcel (1.32 acres) from
the annexation at this time. With respect to the first option,
the property owners to the east were notified of the annexation
and did not wish to participate at this time. Therefore, the
land use map amendment and annexation only relates to the two
parcels that comprise the southern half of the Boy's property
(1.57 acres).
City Commission Documentation
Meeting of April 12, 1994
First Reading of Ordinance No. 21-94 - FLUM Amendment, Annexation
and Initial Zoning for The Boy's Farmers Market
Page 2
The property contains The Boy's Farmers Market which has a 4,648
sq.ft, farmers market (flower and produce shop) with outdoor
display area and associated parking. The proposed Future Land
Use designation is General Commercial and the proposed zoning
designation will be GC (General Commercial). Additional
background and an analysis of the request is found in the
attached Planning and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of March 21, 1994, the Planning and Zoning Board
held a public hearing in conjunction with review of the request.
There was no public testimony in opposition to the annexation
and zoning. However, two area residents expressed concerns over
noise associated with the market, and over the existing traffic
circulation at Military Trail and Lake Front Boulevard/Post
Office (Highpoint Lake Drive). The applicant's representative
stated that an alternative access was being designed. When the
market is annexed into the City, a site plan will be submitted
for improvements, which will include an improved traffic
circulation system. He stated that noise issues would also be
addressed in the plan. The Board voted 6-0 (Golder absent) to
recommend that the requests~%pproved.
RECOMMENDED ACTION:
By motion, approval of Ordinance No. 21-94 on First Reading and
setting a public hearing date of May 3rd.
Attachment:
* P & Z Staff Report and Documentation of March 21, 1994
* Copy of Ordinance No. 21-94
PLANNING ZONING BOARb
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: March 21, 1994
AGENDAITEM: IV.B.
ITEM: Annexation, Small Scale Land Use Plan Amendment and
Initial Zoning of the Boy's Market, Military Trail.
GENERAL DATA:
- " '<'11 II 'i17
Owners ................... Anthony & Elizabeth Fanelli m~ ,
Agent .................... Gerald B. Church
~.ocatio, ................. ApproximatelYnorth of Atlantic2' 100Avenue,~e,=
on the east side o~
Milita~ Trail.
~=ope~[y Size ............ [.57 Ac~ea
County Land Use Plan ..... C/8 (Co~ercial- Residential
equivalent of 8 units/acre)
HIGHPOiNT
~ro~osed City ~nd ~se
Plan Designation ......... General Co~ercial e ~-
Current County Zoning. .AE (Agricultural Eesidentlal)
i
Proposed City Zoning ..... ~ (~neral Co~ercial)
PROP[R~
Adjacent Zoning...North: ~ - County
East= ~ - County
South= ~ - City
West= ~S (Single F~ily Eesidential) -
County _
Existing ~nd Uses ....... Existing ~a~ers market (retail
Water Service ............ Water service currently exist~
via a service lateral connection
~o a 12" water main along ~ilita~
Trail.
Se~er Service ............ A septic system exists on-site.
City se~er service is available
I
via connection ~o an existing 4" '
sewer ~orce main located along the
east side o~ ~ilita~ Trail.
ATLANTIC
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 Map
Amendment from County C/8 (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
Military Trail, approximately 2,100 feet north of
Atlantic Avenue.
BACKGROUND:
The subject property is currently located in unincorporated Palm
Beach County with an AR (Agricultural Residential) zone
designation. However, the property is located within the City's
Planning Area and is eligible for annexation. Palm Beach County
records indicate that building permits were issued in 1981, for
the construction of a greenhouse and shade house. The property
has been utilized as a farmers market for several years.
Presently, retail sales are not an allowable use under the
County AR zoning designation, thus the farmers market (retail)
is nonconforming. In 1990, an application for a Water Service
Agreement was submitted to the City, however, the agreement has
never been executed.
On February 8, 1994, an application for a land use map amendment
and annexation with initial zoning were submitted. The request
included all three (3) of The Boys' holdings, containing
approximately 2.89 acres. If the City were to annex all 3
parcels, an enclave would be created immediately to the east
(ref. Florida Statutes, Chapter 171). In order to avoid the
creation of an enclave, two options were available. Either
include the three properties to the east (2 residences) with the
annexation or exclude the Boys' north parcel (1.32 acres) from
the annexation at this time. With respect to the first option,
the property owners to the east were notified of the annexation
and did not wish to participate at this time. Therefore, the
land use map amendment and annexation only relates to the two
parcels that comprise the southern half of the Boy's property.
That action is now before the Board.
PROJECT DESCRIPTION:
The territory to be annexed includes two parcels noted on the
Palm Beach County Property Appraiser's Map as parcels 315 and
319 having a combined acreage of 1.57 acres. The property
contains The Boy's Farmers Market which has a 4,648 sq.ft.
farmers market (flower and produce shop) with outdoor display
area and associated parking. The proposed Future Land Use
designation is General Commercial and the proposed zoning
designation will be GC (General Commercial).
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 2
ANNEXATION ANALYSIS:
Florida Statutes Governin~ Voluntary Annexations.'
Pursuant to Florida Statute 171.044 "the owner or owners of real
properties in an unincorporated 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 Governin~ Annexations:
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.
COMPREHENSIVE PLAN ANALYSIS:
CONS I STENCY BETWEEN THE C I TY AND COUNTY LAND US E MAP
DE S I GNAT IONS:
The City's proposed Future Land Use Map designation for
these properties is "General Commercial". The County's
Land Use designation for these parcels is C/8 (Commercial -
Residential equivalent of 8 units per acre). The City's
"General Commercial" Land Use designation is consistent
with the County' s C/8 designation. The City' s FLUId
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 Land Use Map designation to the north is Palm Beach
County C/8 (with an advisory City designation of General
Commercial); South is City General Commercial; East is Palm
Beach County C/8 (with an advisory City designation of
Transitional); and, west is Palm Beach County HR8 (High
Residential - 8 units per acre) (with an advisory City
designation of Medium Density Residential 5-12 units per
acre).
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 3
The existing Land Uses are residential to the west
(Highpoint West); vacant to the north; residential and
vacant to the east; and, commercial to the south (Shoppes
of Delray).
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN~
Designated Annexation Area: The territory to be annexed is
located within "designated annexation area No. 4" on the east
side of Military Trail north of Atlantic Avenue. 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
south of the property.
Fire and Emergency Services~ The annexation of this property
will not require additional manpower. The municipal area is
served by Fire Station No. 4 (Barwick & Lake Ida Roads).
With annexation, the property will receive an improvement in
response time from the current 6 minutes of the County Fire
Department (Indian Springs/Military Trail & Woolbright Road) to
approximately 2.5 minutes for the City's Fire Department (Fire
Station No. 4 at Barwick and Lake Ida Roads).
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 4
Water: Water service currently exists via service lateral
connection to a 12" water main located along the east side of
Military Trail in front of this property. This water is being
provided without a water service agreement which is required for
properties that are not within the City limits.
As the property to the north is not included in this annexation,
a water service' agreement is being executed along with the
annexation. This agreement will ensure that water is available
for development on the north parcel, and will provide a
mechanism for future annexation of that property.
Fire suppression is available along the east side of Military
Trail by existing fire hydrants approximately 300' north and
500' south of this property. It is noted that with any new
development, installation of a fire hydrant may be required.
Sewer: The property is not receiving sewer service. Sewer
service is available upon payment of standard connection fees
and the installation of a private lift station. The private
lift station would be necessary as the nearest sewer connection
is to a force main along the east side of Military Trail.
Streets: This property has direct access to Military Trail.
Military Trail is under the jurisdiction of Palm Beach County.
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 two subject parcels which make up the
Boy's Farmers Market have a combined assessed value of
$189,522.00. 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 Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 5
The current yearly ad valorem taxes are $3,805.07. With
annexation the yearly ad valorem taxes will be $4,750.48; a tax
difference of $945.42. In addition to property taxes, the
following Non Ad Valorem fiscal impositions apply:
Delray Beach Storm Water Utility - This City assessment will be
approximately $555 based upon the combined (100%) impervious
area of the buildings, parking areas, etc., and a 25% reduction
within the Lake Worth Drainage District area. If drainage is
retained on-site, an additional 25% discount may be available.
Solid Waste Authority - The Military Trail 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". As the initiation of the annexation
occurred within the six month time period, 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 Boy's Farmers
Market will be required to obtain a City of Delray Beach
Occupational License. This license will be in addition to the
current County license fee ($30). The City license fee for a
retail operation is $80. However, an occupational license
issued after April 1st is reduced by one-half the cost that is
normally assessed. Pursuant to the Business Cross Reference
Directory, there are three (3) separate businesses existing
on-site. Thus, a license is required for each business. The
license fee for Calendar Year, 1994, will be $120. The license
fee for Calendar Year, 1995, is estimated to be $240.
Water/Sewer Rates - The Boy's Farmers Market is currently
served by municipal water. Typically, properties not located
within the City are assessed an Out-of-City surcharge. However,
the property has been charged the standard City rate, therefore,
there will be no reduction with respect to the water rate.
Resulting Impacts to Property Owners
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 6
TABLE A
SUMMARY OF IMPACT ON THE BOY'S FARMERS MARKET
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(Change from 93/94 county of 20.0772
to City 93/94 rate 25.0656 mills.(4.9884) +$ 945.42
NON AD VALOREM
Stormwater Assessment +$ 555.00
Solid Waste Collection NA
WATER & SEWER UTILITY FEES $ .00
Currently receiving water at City rate
OCCUPATIONAL LICENSE FEES +$ 240.00
ANNUAL FINANCIAL IMPACT: +$ 1,740.42
NA - Data not available
IISERVICE CONSIDERATIONS:
FIRE RESPONSE + I Faster response time from
minutes (City).
EMS + I Faster response time from
more officers in field.
CODE ENFORCEMENT + ~ Pro-active vs reactive
~ I 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 $ 1,508.18 in ad valorem taxes per
year.
Additional revenues will be realized through the annual
collection of the stormwater assessment fee ($555 annually) as
well as occupational license fees (approximately $80 annually),
utility taxes (9.5% electric, 7% telephone) and franchise fees
on electric, telephone, and cable.
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 7
TABLE D
COMBINED FINANCIAL IMPLICATIONS TO THE CITY
GENERAL FUND
AD VALOREM TAXES +$ 1,508.18
PER CAP REIMBURSEMENTS: .00
UTILITY TAXES:
Electric (1): +$ 74.76
Natural gas (2): .00
Phone (3): +$ 7.69
FRANCHISE FEES:
Electric (4): +$ 47.22
Phone (5): +$ 1.10
~Natural Gas (6): .00
Cable (7): .00
OCCUPATIONAL LICENCE FEE :
+$ 240.00
STORMWATER ASSESSMENT UTILITY FUND
ASSESSMENTS:
Stormwater Assessment +$ 555.00
SEWER AND WATER UTILITY FUND
UTILITY SERVICE FEES:
Water Utilities .00
Sewer Utilities .00
ANNUAL TOTAL: +$ 2,433.95
NA - Data not available
(1) Electric Utility Tax based on 9.5% commercial
(2) Natural Gas Utility Tax based on 8.5 % of Gas bill
(3) Phone Utility Tax 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
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 8
ZONING ANALYSES:
The proposed City zoning designation is GC (General Commercial)
and the current County zoning designation is AR (Agricultural
Residential ).
The surrounding zoning designations are: County AR to the north
and east; City GC to the south; and, County RS (Single Family
Residential) to the west.
The City zoning designation of General Commercial represents the
prevailing use of the property. Upon annexation only the City
zoning designation is applicable.
R E Q 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 farmers market use (retail) is allowed as a
permitted use in the General Commercial zoning district, thus
when annexed the use will be a conforming 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.
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's sewer system
post annexation.
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 9
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS=
Upon annexation, the property will come under the development
regulations of the City. The property has a number of
deficiencies as they relate to the City's Land Development
Regulations i.e. perimeter and internal landscaping, parking,
etc. Any future modifications to the site must comply with the
Land Development Regulations. The following are some of the
significant items that have been identified:
Outdoor Display: There is an area adjacent to the building
which is devoted to outdoor display of fruit and vegetables,
which is allowed pursuant to LDR Section 4.6.6(B) (Allowable
Outside Usage). The exact square footage devoted to outdoor
display has not been determined. However, the outdoor display
area is not to exceed 10% of the square footage of the interior
of the building which contains the main use. If the outdoor
display area exceeds 10% of the floor area, it can remain as
nonconforming. However, it is noted that if the outdoor display
area impedes or prevents access for emergency purposes, the Fire
Marshal may require removal or modification of the display area.
[ref. LDR Section 4.6.6(C)].
Billboard% There is an existing billboard located at the
southwest corner of the property. When a sign which does not
comply with the provisions of Section 4.6.7 (Signs), the sign
must be removed upon annexation. Staff will work with the
property owner in order to obtain compliance.
Perimeter Landscaping: Presently, there is no perimeter
landscaping adjacent to Military Trail. It is anticipated that
once annexation has occurred, a site plan submittal will follow.
This item will be addressed with the site plan review.
Access Easement: The property owner has been cited by Palm
Beach County for installing a commercial parking lot (shellrock)
which is not an allowed use in the County AR zone district. The
parking lot is located on the north parcel which is not included
in this annexation. As the customers were parking on the north
parcel, they were utilizing the access easement along the north
side of the property, which provides access to the single family
residences to the east, as a secondary access point for the
market without obtaining approval. This easement intersects
with Lake Front Blvd./Post Office entrance (Highpoint Lake
Drive) and Military Trail. The large volume of vehicles exiting
the market conflict with the vehicular movements at the
intersection, thus creating a traffic hazard. Presently, the
access easement is not being utilized for customer access. The
applicant is working with Palm Beach County Traffic Division and
City staff to address the access issues related to this
property.
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 10
Shellrock Parkinq Area: There is an existing shellrock parking
area on the subject property. Compliance with City regulations
will be obtained with the anticipated site plan submittal.
CONSISTENCY:
Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions), along with the required
findings in Section 2.4.5 (Rezoning Findings), 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.
Section 3.3.2 (Standards for Rezoning Actions): Standards B and
C are not applicable with respect to this rezoning request. The
applicable performance standards of Section 3.3.2 are as
follows:
A) That a rezoning to other than CF within stable residential
areas shall be denied.
The subject property is not within a designated
residential area. Thus, this standard does not apply.
B) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land uses
both existing and proposed; or that if an incompatibility
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, to the south and the post office, to the north.
The residential properties to the east and west,
across Military Trail are adequately are screened by a
hedge and wood fence.
Section 2.4.5(D)(5) (Rezoning Findin~s)~
Pursuant to Section 2.4.5(D)($), in addition to the provisions
of Section 3.1.1, the City Commission must must make a finding
that the rezoning fulfills one of the reasons for which the
rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate;
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 11
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The applicant has submitted a Justification statement which
states the following:
"The property is in the unincorporated area of Palm Beach
County, however, it is within the City of Delray Beach
reserve areas. Both contiguous properties to the north
(Post Office) and south (Shoppes of Delray) have been
annexed to the City and they have been developed as strip
commercial. The Fanelli property is a farmers market, with
County Zoning - Agriculture. The requested zoning is for
General Commercial which is consistent with the present use
and adjacent commercial properties."
Comment: The justification statement addresses Item "c" as the
basis for which the rezoning should be granted. The requested
zoning is of similar intensity as that allowed under the
proposed City General Commercial land use designation and the
existing County C/8 land use designation. Further, the GC
zoning is more appropriate given the existing use of the
property and its location, as it is situated between a shopping
center and the post office.
REVIEW BY OTHERS:
The subject property is not in a geographic area requiring
review by the CRA (Community Redevelopment Agency) to the DDA
(Downtown Development Authority).
If approval is granted, it is anticipated that a site plan
application will be submitted for review by the Site Plan Review
and Appearance Board.
Palm Beach County Notice:
On February 28, 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. Notice of the Land Use Plan
Amendment was also provided to the Interlocal Plan Amendment
Review Committee (IPARC) which distributes the information to
all adjacent municipalities.
Public Notice:
Formal public notice has been provided to all property owners
within a 500 ft. radius of the subject property. Courtesy
notices were also sent to the Homeowner's Associations of
Highpoint Sections 1-7. Letters of objection, if any, will be
presented at the Planning and Zoning Board meeting.
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 12
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.
The City will receive additional revenue from property taxes
( base year value 1985 ), stormwater assessment fees, and
associated utility taxes and franchise fees, which will result
in a net increase to the City of approximately $2,043.95 a year.
Concurrent with this annexation, a water service agreement is
being executed. This agreement will ensure that water is
available for development on the north parcel, and will provide
a mechanism for future annexation of that property.
The property has a number of deficiencies as they relate to the
Land Development Regulations. One of these, is the existing
billboard at the southwest corner of the property, which is
required to be removed upon annexation. Staff will work with
the property owner to obtain compliance. If the annexation is
approved, it is anticipated that a site plan submittal will
follow. With the site plan many of the existing deficiencies
will be eliminated.
ALTERNATIVES ACTIONS ~
A. Continue with direction.
B. Recommend approval of the annexation, small scale amendment
from C/8 to GC and an initial zoning designation 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 C/8 to GC, and initial zoning designation of GC
(General Commercial) based upon positive findings with respect
to Section 3.1.1, Section 3.3.2, policies of the Comprehensive
Plan, and the following=
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 13
A. That the property is contiguous, reasonably compact and
does not create an enclave; and,
B. That services will be provided to the property in a manner
similar to other similar properties within the City.
Attachments:
* Location Map
* Palm Beach County Property Appraiser's Map
* Survey
JC/T:ANNBOY~.DOC
PAL~ BEAbH
COUNTY
GARY R: NIKOLITS
RGE TWP SEC AERIAL
42 46 13
@
~, ?~ ~4 69 ~ L
~ 518 508
,:
~ 5.22 AC. $.~2 AC.
2 46 AC 2.43 AC. , ,
,~ - (OWNED BY FANNELLI)
~ 309~ 30
-' PROPERTY NOT INCLUDED
t 1.24 AC. I.~ AC. . (OWNED BY FANNELLI)