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59-94 ORDINANCE NO. 59-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A 1.07 ACRE PARCEL OF LAND KNOWN AS THE BOYS FARMERS MARKET (NORTH PARCEL), 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 1.07 acre parcel of land known as The Boys Farmers Market (North Parcel), 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 Half (S 1/2) of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida (LESS the East 300 feet, less the South 191.19 feet, and less the North 30.00 feet thereof), and LESS the right-of-way for Military Trail (State Road 809). The subject property is located on the east side of Military Trail, approximately 2,100 feet north of Atlantic Avenue; and containing a 1.07 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 ~, 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. - 2 - Ord. No. 59-94 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). ~ 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. ~D_GS~Q~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. CectiQn 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. - 3 - Ord. No. 59-94 PASSED AND ADOPTED in regular session on second and final reading on this the 16th day of August , 1994. ATTEST: Cit~ C~erk - ' First Reading Au§ust 2, 1994 Second Reading AuEust 16, 1994 - 4 - Ord. No. 59-94 PALIV[ BE2 CH '- COUNTY GARY Ri NI.KOLITS / , ~ 42 46 1:3I1'° ( e8'O rO S~¢T~GN L~N( ! 318 ~ 308 311.1 ~2 31.! 302 31_6. ~ 306 2 46 AC. 2.4;~ AC. , ~-, ~ PROPERTY TO BE ANNEXED 309 309"-' 1.24 AC. 1.3,5AC. - THE BOY'8 FARMER8 MARKE a',~ ~, (ANNEXED 7/5/94) 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 August 30, 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 August 26, 1994 and certified copy of Ordinance No. 59-94 annexing certain lands into the City of Delray Beach, which was filed in this office on August 30, 1994. Sincerely, L Chief Bureau of Administrative Code LC/mw RECEIVED CITY CLERK CITY OF DELRIIY BEACH P~,LRo~, B'~^.(:H~ ~00 N.W. 1st AVENUE · OELRAY BEACH, FLORIDA 33444 · 407/243-7000 . ,.C llll 1993 TO: DISTRIBUTION LIST FROM: ~-~~, ~S~E~.LO, SENIOR PLANNER SUBJECT: THE BOY'S FARMERS MARKET ANNEXATION - NORTH PARCEL DATE: AUGUST 22, 1994 At its meeting of August 16, 1994, the City Commission approved on second and final reading an ordinance annexing a 1.07 acre property known as The Boy's Farmers Market (North Parcel). The attached map shows the location of the property which is now within municipal boundaries, and under municipal jurisdiction. Attached for your information is the annexation brief for the subject property. If you have any questions, do not hesitate to contact me at ext. 7046. THE EFFORT ALWAYS MATTERS ANNEXATION BRIEF FOR THE BOY'S FARMERS MARKET (NORTH PARCEL) Property Control Number: Parcel 313 - 00-42-46-13-00-000-3130 (Less the north 30 feet/Access Easement) Acreage: Parcel 313 - 1.07 Acres (Excluding north 30 feet/Access Easement) Number of Buildings Taxable Value: On-Site: Parcel 313 - $149,915.00 0 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 Designation: C/8 (Commercial - Residential Equivalent of 8 units/acre) City Land Use Designation: General Commercial City Zoning Designation: GC (General Commercial) Current Use of Property: Vacant Land HIGHPOINT WEST SPENCE PROPERI~f ATLANTIC MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # /oa - MEETING OF AUGUST 16, 1994 ORDINANCE NO. 59-94 DATE: JULY 29, 1994 This is public hearing and second reading of Ordinance No. 59-94 annexing the 1.07 acre north parcel of The Boy's Farmers Market, changing the Future Land Use Map designation from County C/8 to City GC (General Commercial), and applying an initial zoning designation of GC District. The property is located on the east side of Military Trail, approximately 2,100 feet north of Atlantic Avenue. On July 5, 1994, the south parcels of the Boy's Farmers Market were annexed into the City with a GC zoning designation. The one north parcel to be annexed excludes the 30 foot access easement along the north side of the property. At its meeting of July 18, 1994, the Planning and Zoning Board held a public hearing. There was no public testimony in opposition to the annexation, land use map amendment and zoning. The board voted 7-0 recommending approval of this request. Recommend approval of Ordinance No. 59-94. MEMORANDUM TO: AMA~OR AND CITY COMMISSIONERS FROM: ~/CITY MANAGER SUBJECT: AGENDA ITEM # /~-A - MEETING OF AUGUST 2, 1994 ORDINANCE NO. 59-94 DATE: JULY 29, 1994 This is first reading of Ordinance No. 59-94 annexing the 1.07 acre north parcel of The Boy's Farmers Market, changing the Future Land Use Map designation from County C/8 to City GC (General Commercial), and applying an initial zoning designation of GC District. The property is located on the east side of Military Trail, approximately 2,100 feet north of Atlantic Avenue. On July 5, 1994, the south parcels of the Boy's Farmers Market were annexed into the City with a GC zoning designation. The one north parcel to be annexed excludes the 30 foot access easement along the north side of the property. At its meeting of July 18, 1994, the Planning and Zoning Board held a public hearing. There was no public testimony in opposition to the annexation, land use map amendment and zoning. The board voted 7-0 recommending approval of this request. Recommend approval of Ordinance No. 59-94. If passed, second reading and public hearing on August 16, 1994. CITY COMMISSION DOCUMENTATION TO: DAVID T. HA~EN, CITY MANAGER THRU: DIANEDOMINGUEZ, DIRECTOR) DEPARTMENT OF PLANNING AND ZONING FROM: ~ ~E~ PLANNER SUBJECT: MEETING OF AUGUST 2, 1994 FIRST READING OF ORDINANCE NO. ~-~ - 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 (NORTH PARCEL). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of aDproval on first reading of an ordinance annexing a 1.07 acre parcel of land (The Boy's Farmers Market, North Parcel), 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 July 5, 1994, the south parcels of The Boy's Farmers Market were annexed into the City with a GC zoning designation. While the annexation was being processed, the property owner had considered annexing the north parcel in conjunction with the south parcel. However, there were issues regarding the access road easement which needed to be resolved. In order not to further delay the project, the property owner chose to proceed with annexing the south parcels. Thus, separate land use plan amendment and annexation requests were submitted for the north parcel. The territory to be annexed includes one (1) parcel, excluding the 30' access easement along the north side of the property. The property is vacant however it has been utilized for parking (unimproved) by The Boy's Farmers Market. 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. City Commission Documentation Meeting of August 2, 1994 First Reading of Ordinance No. 56-94 - FLUM Amendment, Annexation and Initial Zoning for The Boy's Farmers Market (North Parcel) Page 2 PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of July 18, 1994, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. There was no public testimony in opposition to the annexation, land use map amendment and zoning. The Board voted 7-0 to recommend that the requests be approved. RECOMMENDED ACTION: By motion, approval of Ordinance No. 56-94 on First Reading and setting a public hearing date of August 16th. Attachment: * P & Z Staff Report and Documentation of July 18, 1994 * Copy of Ordinance No. ~6"-94 PLANNING ANP ZONING BOAR CITY OF DELRAY BEACH --- ~TAFF REPORT--- MEETING DATE: July 18, 1994 AGENDAITEM: V.F. ITEM: Annexation, Small Scale Land Use Plan Amendment & Initial Zoning for the Boy's Farmers ~rket (North Parcel) GENERAL DATA: o,,.ero ................... ,~t,~ony, ,,li.abeth ,'anelli I I I 1 I ' ' Agent .................... Gorald B. Church i . Lcd:etlon ................. Approximately 2,100 feet - north of Atlantic Avenue, on the east side of Prol~rty Sl~e ............ 1.07 Acres County I~nd Use Map ~tvalen~ of 8 units/acre) ~o~ C~ty ~and Uae Ma~ Designation .......... ~ne~a~ Co~e~cLaL Existing County Zoning...~ (Agricultural Residential} East: AR - County Sou[h= ~ - City West: ~ (Single F~lly Residential) - County - ~x~at~ng ~nd ~se ........ Vacant Pro~s~ Land Use ........ Construction of a parking lot to utlllz~ ~ the adjacent fa~era Water Service ............ Water se~lce currently exists via a se~lce lateral connection to a 12" water main along ~llltau Trail. Sewer Service ............ To be available via a sewer ~ln extension from the post office, no~h of the site, to the fa~ers ~rket, l~edlately south of the site. · ATLANTIC V.F. I T E M B E F O R E T H E B O A R D: 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. On July 5, 1994, the south parcels were annexed into the City with a GC zoning designation. While the annexation was being processed, the property owner had considered annexing the north parcel in conjunction with the south parcel. However, there were issues regarding the access road easement which needed to be resolved. In order not to further delay the project, the property owner chose to proceed with annexing the south parcels. Thus, separate land use plan amendment and annexation requests were submitted for the north parcel and are now before the Board for action. PROJECT DESCRIPTION: The territory to be annexed includes one (1) parcel noted on the Palm Beach County Property Appraiser's Map as parcel 313, excluding the 30' access easement along the north side of the property and consisting of 1.07 acres. The property is vacant however it has been utilized for parking (unimproved) by The Boy's Farmers Market. The proposed Future Land Use designation is General Commercial and the proposed zoning designation will be GC (General Commercial). ANNEXATION ANALYSIS: Florida Statutes Governing 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". P & Z Board star Report The Boy's Farmer- Market (North Parcel) - Ft .re Land Use Map Amendment and Annexation with Initial Zoning Page 2 * 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. C OMP RE H E N S I V E PLAN ANAL Y S I 8: CONSISTENCY BETWEEN THE CITY AND COUNTY LAND USE MAP DESIGNATIONS: 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). The existing Land Uses are residential to the west (Highpoint West); an access easement (road) to the north; residential and vacant to the east; and, commercial to the south (The Boy's Farmers Market). 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. P & Z Board Sta Report The Boy's Farme~- Market (North Parcel) - f..ure Land Use Map Amendment and Annexation with Initial Zoning Page 3 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 Servlces~ 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). Water: Water service is available via a service lateral connection to the existing 12" water main located along the east side of Military Trail in front of this 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 construction of the new farmers market installation of a fire hydrant will be installed within 80' of the property. Sewer: The property is not receiving sewer service. With construction of the new farmers market a sewer main is to be installed which will run along the front of this property. The development plans show a stub-out for a future connection. Thus, sewer service will be available upon payment of standard connection fees and the installation of a service lateral. 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. P & Z Board Staf Report The Boy's Farmer~ Market (North Parcel) - FC .re Land Use Map Amendment and Annexation with Initial Zoning Page 4 Financial Impacts~ Impacts Upon Annexed Property: For the 1993 tax year this parcel had an assessed value of $149,915.00. 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. The current yearly ad valorem taxes are $3,036.93. With annexation the yearly ad valorem taxes will be $3,784.77; a tax difference of $747.84. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - As the property is currently vacant, the stormwater assessment fee will be assessed. However, once the proposed parking lot or a commercial building is constructed, a City assessment will be applied based upon the combined (100%) impervious area of the buildings, parking areas, etc. A 25% reduction is available as the property is within the Lake Worth Drainage District area and an additional 25% discount if the drainage is retained on-site. Solid Waste Authority - The Military Trail area is currently serviced by County Sanitation, which is under a five year contract that runs from October 1, 1993 through September 30, 1998. The City's contract is currently through Waste Management, Inc. Pursuant to Florida Statute 171.062 (4)(a) "if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchisee may continue to provide such services to the annexed area for five years or the remainder of the franchise term whichever is shorter". As the initiation of the annexation occurred on February 8, 1994 which is within the six month time period, the waste service provider will change with the annexation. Occupational Llcence Fees - As the property is to be developed as a parking lot which will be utilized by the farmers market, additional occupational license fees will not be realized. Water/Sewer Rates - The current proposal will not affect water or sewer as no connections are proposed with construction of the parking lot. P & Z Board Sta~ Report The Boy's Farme~_ Market (North Parcel) - F,~ure Land Use Map Amendment and Annexation with Initial Zoning Page 5 Resulting Impacts to Property Owners TABLE A SUMMARY OF IMPACT ON THE BOY'S FARMERS MARKET FINANCIAL CONSIDERATIONS: AD VALOREM TAXES (Change from 93/94 county of 20.0772 to City 93/94 rate 25.0656 mills.(4.9884) +$ 747.84 NON AD VALOREM Stormwater Assessment $ .00 Solid Waste Collection $ .00 WATER & SEWER UTILITY FEES $ .00 OCCUPATIONAL LICENSE FEES $ .00 ANNUAL FINANCIAL IMPACT: +$ 747.84 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 $1,199.32 in ad valorem taxes per year. Additional revenues will be realized through the annual collection of the stormwater assessment fee once the proposed parking lot is constructed. If a commercial building were to be constructed on the property, additional revenues would be generated by occupational license fees (approximately $80 annually), water and sewer utility fees, utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. P & Z Board Star Report The Boy's Farme~. Market (North Parcel) - F. are Land Use Map Amendment and Annexation with Initial Zoning Page 6 Z 0 N I N G A N A L Y S ! S: 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 will allow for the construction of a parking lot which will be utilized by the Boy's Farmers Market. 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 designation is consistent with the underlying "General Commercial" Land Use Designation. The proposed parking lot, which will be utilized by the farmers market, is an allowable use within the General Commercial zone district. Under the current County AR zoning designation, a commercial parking lot is not an allowable use. Thus, when annexed the use will be a conforming use. CONCURRENCY: Fac~lities 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 a vacant parcel which is to be utilized for parking purposes for the adjacent farmers market to the south. 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). P & Z Board star Report The Boy's Farmer~ ~arket (North Parcel) - F% ~re Land Use Map Amendment and Annexation with Initial Zoning Page 7 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS~ It is anticipated that once annexation has occurred, a site plan submittal will follow to provide parking on this property which must comply with the City's Land Development Regulations. Recently, the south parcel received site plan approval to construct a new farmers market. The site plan showed improvements on this property such as perimeter landscaping and the installation of a driveway on the south side of the parcel. The proposed improvements are in compliance with the City's Land Development Regulations. 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 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, will be adequately screened by a hedge and trees planted every 25'. Further, compatibility with the abutting residence to the east will be further enhanced by the installation of a wood fence in addition to the proposed landscaping. Section 2.4.§(D)(5) (Rezoning Flndinqs): 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: P & Z Board Staf Report The Boy's Farmer~ Market (North Parcel) - F~ are Land Use Map Amendment and Annexation With Initial Zoning Page 8 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; 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 followings "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 (The Boy's Farmers Market) have been annexed to the City and are commercial uses. The Fanelli property is a vacant lot which is to be utilized by the farmers market for additional parking however, the property has a County zoning designation of Agricultural Residential which does not allow commercial parking lots. The requested General Commercial zoning designation is consistent with the 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 its location, as it is situated between the farmers market and the post office. R E V ! E W B Y 0 T H E R S: 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 June 28, 1994 the Palm Beach County Planning D/vision 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. P & Z Board Staf leport The Boy's Farmerb Market (North Parcel) - F%.Jre Land Use Map Amendment and Annexation with Initial Zoning Page 9 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. 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 which will result in a net increase of approximately $1,302.00. If a building is ever constructed on the property, the City will receive additional revenue from utility and franchise taxes. If the annexation is approved, it is anticipated that a site plan submittal will follow to construct a parking lot on this parcel. The improvements must comply with the City's Land Development Regulations. 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 Staf.~Report The Boy's FarmeZ' Market (North Parcel) - F ire Land Use Map Amendment and Annexation with Initial Zoning Page 10 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 CITY OF DELRA¥ BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ordinance at 7:00 P.M. on TUESDAY. AUGUST 16. 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. 59-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A 1.07 ACRE PARCEL OF LAND KNOWN AS THE BOYS FARMERS MARKET (NORTH PARCEL), 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 1.07 acre parcel of land known as The Boys Farmers Market (North Parcel), 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: $~¢tion 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 Half (S 1/2) of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida (LESS the East 300 feet, less the South 191.19 feet, and less the North 30.00 feet thereof), and LESS the right-of-way for Military Trail (State Road 809). The subject property is located on the east side of Military Trail, approximately 2,100 feet north of Atlantic Avenue; and containing a 1.07 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. - 2 - 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. $~¢tion 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. - 3 - 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 August 4, 1994 Alison MacGregor Harty City Clerk - 4 - CITY OF DELRAY BEACH. FLORIDA NQTICE OF ANNEXATION ORDINANCE NO. 59-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A 1.07 ACRE PARCEL OF LAND KNOWN AS THE BOYS FARMERS MARKET (NORTH PARCEL), 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. AUGUST 16, 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 August 4, 1994 Alison MacGregor Harty August 11, 1994 City Clerk CITY OF DELRA¥ 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 Boys Farmers Market (North Parcel), located on the east side of Military Trail, approximately 2,100 feet north of Atlantic Avenue and south of the United States Post Offioe. The proposal involves a Land Use Plan Designation change FROM C/8 - Commercial with a residential equivalent of 8 units/ acre (County designation) TO General Commercial (City designation). The subject property contains 1.07 acres. The City Commission will conduct a Public Hearing on TUESDAY, AUGUST 16. 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 August 10, 1994 Alison MacGregor Harty City Clerk Instructions to Newspaper: This ad is not 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.