61-94 ROCKLAND PARK SUBDIVISION - ANNEXATION BRIEF
Property Control Number: 00-42-46-14-03-002-0140 and
00-42-46-14-03-003-0010
Acreaqe: 11.63
Taxable Value: $339,850
Current Use of Property: Vacant parcel.
Owner's Name and Address: Marie Salanitri, et. al.
28 Diane Dr.
Brick, NJ 08724
County Street Address: N/A
County Land Use Desiqnation: LR-3 Low Density Residential (3
units per acre)
City Land Use Desiqnation: Medium Density Residential (5-12
units per acre)
County Zoninq Desiqnation: AR (Agricultural Residential)
City Zoninq Designation: RL (Multiple Family Residential -
Low Density)
Legal Description: The south 420.01 feet of the south
half (S 1/2) of the northeast
quarter (NE 1/4) of the northeast
quarter (NE 1/4) of Section 14,
Township 46 South, Range 42 East,
less the existing right-of-way of
Military Trail.
DF DELRIW BEREH
AlI.Ame~a City
DEC-20-t994 4:03Pr~ 9z~ --&20~L 6 1
ORB 8~5;~1 P~ 18~70
I IIIIBIIIIIIIII I!111
CERTIFICATION
I, ALISON MacGREGOR HARTY, City Clerk o~ the City
of Delray Beach, Florida, do hereby certify that the
attached is a true and correct copy of Ordinance No. 61-94,
annexing certain property to the City of Delray Beach, as
the same was passed and adopted on second and final reading
by the City Commission of the City of Delray Beach, Florida,
in regular session on December 6, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand
and the official seal of the City of Delray Beach, Florida,
on this the 16th day of December, 1994.
Alison Mac%rego~ H~rt
city Clerk
City of Delray Beach
SEAL
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
ORDINANCE NO. 61-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PART OF ROCKLAND PARK SUBDIVISION, LOCATED
ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY
2,800 FEET NORTH OF ATLANTIC AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RL
(LOW DENSITY RESIDENTIAL) DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Andre Baldanza, Richard Baldanza, Jessica Olmsted,
Philip Polizzotto, and Marie Salanitri are the fee-simple owners of a
part of Rockland Park Subdivision, as the same is more particularly
described herein; and
WHEREAS, Carl A. Po~esta, Esquire, as duly authorize~ agent
for the fee-simple owners as hereinabove named, has requested by
petition to have the subject property annexed into the municipal
limits of the City of Delray Beach; an~
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach,
Florida; and
WHEREAS, the designation of a zoning classification is part
of the annexation proceeding, and provisions of Land Development
Regulations Chapter Two h~ve been followe~ in ~stablishing the
proposed zoning designation; and
WHEREAS, the City of Delray Beach has heretofore been
authorize~ to annex lan~s in accordance with Section ~7~.044 of the
Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA~ AS FOLLOWS:
~ That the City Commission of the City of Delra¥
Beach, Palm Beach County, Florida, hereby annexes to said City the
following ~escribed land located in Palm Beach County, Florida, which
lies contiguous to sai~ City to-wit:
855:{ 872
Lots 14 through 26, inclusive, Block 2 (less the
easterly 33.41 feet thereof for right-of-way for SR
809), and Lots ! through 26, inclusive, Block 3 (less
the easterly 34.02 feet thereof for right-of-way for
SR 809), ROCKLAND PARK, according to the Plat thereof
recorded in Plat Book 24, Page 23, of the Public
Records of Palm Beach County, Florida;
TOGETHER WITH the unimproved 50 ft. road right-of-way
for Mazza Drive, and the unimproved 2~ ft. road
right-of-way (McGovern Lane) directly adjacent to the
south of Lots 14 through 26, inclusive, Block 3, and
the unimproved 25 ft. road right-of-way lying west of
and adjacent to Lot 14, Block 2, Mazza Drive road
right-of-way, Lots 13 and 14, Block 3, and McGovern
Lane road right-of-way, all lying within the Plat of
ROCKLAND PARK, as recorded in Plat Book 24, Page 23,
of the Public Records of Palm Beach County, Florida.
The subject property is located on the west side of
Military Trail, approximately 2,800 feet north of
Atlantic Avenue; containing 11.63 acres, more or
less.
~_~ That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
parcels and said land is hereby declared to be within the corporate
limits of the City of Delray Beach, Florida.
~ That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the parcels hereinabove described
are hereby declared ~o be in Zoning District RL (Low Density
Residential) as defined by existing ordinances of the City of Delray
Beach.
~ 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. 61-94
855 :[87:3
~ That this annexation of the subject property,
~ncluding 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.
~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ That should any section or ~rovision 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.
~ That this ordinance shall become effective as
follows: As to annexation, immediately upon passage on second and
final reading; as to zoning, immediately upon adoption on second and
final reading of Ordinance No. 94-94, under which an official land use
designation of Medium Density Residential is affixed to the subject
property hereinabove described.
PASSED AND ADOPTED in regular session on second and final
reading on this the 6th day of December , 1994.
ATTEST:
First Reading November 15t 1994 ,
Second Rea~ing December 6t 1994
- 3 - Ord. No. 61-94
HIGHPOINT WEST .i... ~'~"l" ~ i.
5PENCE'
PROPERTY
ATLANTIC
ANNEXATION
I
ORB 855 Ps 1 '7
Property Control Number: 00-42-46-14-03-002-0140 and
00-42-46-14-03-003-0010
Acreage: 11.63
Taxable Value: $339,850
Current Use of Property: Vacant parcel.
Owner's Name and Address: Marie Salanltri, et. al.
28 Diane Dr.
Brick, NJ 08724
County Street Address: N/A
County Land Use Deslqnation: hR-3 Low Density Residential (3
units per acre)
City Land Use Desiqnatlon: Me~lum Density Residential (0-5
units per acre)
County Zoning Designation: AR (Agricultural Residential)
City Zoninq Desiqnation: RL (Multiple Family Residential -
Low Density)
Leqal Description: The south 420.01 feet of the south
half (S 1/2) of the northeast
quarter (NE 1/4) of the northeast
quarter (NE 1/4) of Section 14,
Township 46 South, Range 42 East,
less the existing right-of-way of
Military Trail.
· 1 II I
I
l
' HIGHPOINT WEST "'~" ~ ~ ..--J -...
] : ,.
¢/ ,¢/ ,,,-,,= I
'" C~*~. L--~ · I ~11~ ~ ~ ~ ~ , I e*
.-AL.A,~ tLC . · ~'vE:NU[
,
N ANNEXATION and
.,.,..-..,.-.,,,- FUTURE LAND USE MAP AMENDMENT
I I ! I! II I I I
[lTV OF DELl:Ii:IV BEII[H
DELRAY BEAC~i-.I
CITY CLERK
J~J~ilIS~I~C~I] 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 561/243-7000
November 28, 2001
Ms. Jody Bradley
Supervisor of Elections Office
P.O. Box 22309
West Palm Beach, FL 33416
Re: Annexation Notification - December 6, 1994
Dear Ms. Bradley:
As per our telecon today, attached please find a certified copy of a recorded City of
Delray Beach Ordinance 61-94, which annexed a part of Rockland Park Subdivision to
the City on December 6, 1994. Please correct your records to reflect this annexation.
For your information, according to the conversation I had with Mrs. Charles Cobb, 5097
S. La Sedona Circle, Delray Beach, she stated that the County did not notify her or her
neighbors of this annexation.
I can be reached at (561) 243-7057 if you have any questions or concerns. Your
assistance is greatly appreciated.
Sincerely,
Deputy City Clerk
AW/aw
THE EFFORT ALWAYS MATTERS
·£1TV JIF I]ELFII:IV BEI:i[H
~ CITY CLERK
J~.~iiZi~iC~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561,'243-7000
1993
2001
CERTIFICATION
I, ANGELA WONG, Deputy City Clerk of the City of Delray Beach, do
hereby certify that the attached document is a true and correct copy of
Ordinance No. 61-94, as the same was passed and adopted by the Delray
Beach City Commission in Regular Session on the 6th day of December, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 28th day of
November, 2001.
Angela Wong
Deputy City Clerk
City of Delray Beach, Florida
(SEAL)
THE EFFORT ALWAYS MATTERS
' I:IF DELRn¥ BEn£H
DEC-21)-t99~ ~:03P,~ c;,z~ -A 20 1 E.. 1
1993 I IIIIBIIII IIIII II III Ill
CERTIFICATION
I, ALISON MacGREGOR HARTY, City Clerk of the City
of Delray Beach, Florida, do hereby certify that the
attached is a true and correct copy of Ordinance No. 61-94,
annexing certain property to the City of Delray Beach, as
the same was passed and adopted on second and final reading
by the City Commission of the City of Delray Beach, Florida,
in regular session on December 6, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand
and the official seal of the City of Delray Beach, Florida,
on this the 16th day of December, 1994.
Alison Mac~rego~ Hafrty
City Clerk
City of Delray Beach
SEAL
THE EFFORT ALWAYS MATTERS
Pr~ntecl on Recycled Pal~er
ORDII~I~lCE NO. 61-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PART OF ROCKLAND PARK SUBDIVISION, LOCATED
ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY
2,800 FEET NORTH OF AT~ANTIC AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, NHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RL
(LOW DENSITY RESIDENTIAL) DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE·
WHEREAS, Andre Baldanza, Richard Baldanza, Jeslica Olmsted,
Philip Polizzotto, and Marie Salanitri are the fee-simple owners of a
part of Rockland Park Sub~ivision, as ~he same is more particularly
described herein; and
WHEREAS, Cari A. Podesta, Esquire, as duly authorized agent
for the fee-simple owners as heretnabove named, has requested by
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 designation of a zoning classification is part
of the annexation proceeding, and provisions of Land Development
Regula=ions Chapter Two have been followed in es~ablishing the
proposed zoning designation; and
WEE~EAS, the City of Delray Beach has heretofore been
authorized to &n~ex lands in accordance with Section 171.044 of
Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
872
easterly 33.41 feet thereof for right-of-way for BR
809), and Lots 1 through 26, inclusive, Block 3 (less
the easterly 34.02 feet thereof for right-of-way for
SR 809), ROCKLAND PARK, according to the Plat thereof
recorded in Plat Book 24, Page 23, of the Public
Records of Palm Beach County, Florida$
TOGETHER WITH the unimproved 50 ft. road right-of-way
for Mazza Drive, and the unimproved 2~ ft. road
right-of-way (McGovern Lane) directly adjacent to the
south of Lots 14 through 26, inclusive, Block 3, and
the unimproved 25 ft. road right-of-way lying west of
and adjacent to Lot 14, Block 2, Nazza Drive road
right-of-way, Lots 13 and 14, Block 3, and McGovern
Lane road right-of-way, all lying within the Plat of
ROCKLAND PARK, as recorded in Plat Book 24, Page 23,
of the Public Records of Palm Beach County, Florida.
The subject property is located on the west side of
Military Trail, approximately 2,800 feet north of
Atlantic Avenue; containing 11.63 acres, more or
less.
~ That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
parcels and said land is hereby declared to be within the corpora=e
limits of the City of Delray Beach, Florida.
~ That Chapter Two of the Land Development
Regulations has been followed in the establishment ~of a zoning
classification in this ordinance and the parcels hereinabove described
are hereby declared to be in Zoning District ~d~ (Low Densi=y
Residential) as defined by existing ordinances of the City of Delray
Beach.
~ That the land hereinabove described shall
immediately ~ecome 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 Btormwater 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 C~=y
of Delray Beach, Florida.
- 2 - Ord. No. 61-94
t~LfiiQJ~_}_, That this annexation of the subject property,
including adjacent roads, alleys, or tho 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.
~.~,..'~LI~i_~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ 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 ~urisdiction 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.
~ That this ordinance shall become effective as
follows: As to annexation, immediately upon passage on second and
final reading; as to zoning, immediately upon adoption on second and
final reading of Ordinance No. 94-94, under which an official land use
designation of Medium Density Residential is affixed to the subject
property hereinabove described.
PASSED AND ADOPTED in regular session on second and final
reading on this the 6th day of December , 1994.
ATTEST:
-- ~tty Cl~rk '
First R.ading November 15, 1994 .
Second Read~ng December 6r 1994
- 3 - Ord. No. 61-94
HIGHPOINT WF..$T i
I
I
SPENCE
PROPERTY
,
i
I
I
AT ANTIC
N
~ ANNEXATION
II I I I I I
~CKLAND PARK SUBDIVISION - AI6~TZON BRIEF
Property Control Number: 00-42-46-14-03-002-0140 and
00-42-46-14-03-003-0010
Acreage: 11.63
Taxable Value: $339,850
Curregt Use of Property: Vacant parcel,
O~ner's Name and Address: Naris Salanitri, et. al.
2e DLane Dr.
Brick, NJ 08724
County Street Address:
County Land Use l)esiqnation: LR-3 Low Density ResLdential (3
units per acre)
City Land Use Demiqnation: Nediu~ Density Residential (0-5
units per acre)
County Zoninq Designation: AR (Agricultural Residential)
City Zoninq Desiqnation: RL (Multiple Family Residential -
Low Density)
Legal Descrigtion: The south 420.01 feet of the south
half (S 1/2) of the northeast
quarter (lEE 1/4) of the northeast
quarter (NE 1/4) of Section 14,
Township 46 South, Range 42 East,
leis the existing right-of-way of
Military Trail.
DOROTHY H. W!,~K~K~ CLERK Pr., ~.udki '~ FL
I~i ~!11111 !1111 I 'i ~
mT~ ,~ ' I-I i . ~ r, mmL'
I
~mmm : I~. ~ ~~
[ ~~~~ ~URE ~D USE M~ ~~DME~
I III I
£1TY OF I ELA#Y EII£H
DEC-20-t994 4:0,]Pm c2,~--42(]t 61
~993 I lilllllll Iliil II iil ltl
CERTIFICATION
I, ALISON MacGREGOR HARTY, City Clerk of the City
of Delray Beach, Florida, do hereby certify that the
attached is a true and correct copy of Ordinance No. 61-94,
annexing certain property to the City of Delray Beach, as
the same was passed and adopted on second and final reading
by the City Commission of the City of Delray Beach, Florida,
in regular session on December 6, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand
and the official seal of the City of Delray Beach, Florida,
on this the 16th day of December, 1994.
Alison Mac~rego~ H~rty
City Clerk
City of Delray Beach
TIlE EFFORT ALWAYS MATTERS
Printed on Ftecyc/ed Paper
ORDII~h~CE NO. 61-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PART OF ROCKLAND PARK SUBDIVISION, LOCATED
ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY
2,800 FEET NORTH OF ATLANTIC AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RL
(LOW DENSITY RESIDENTIAL) DISTRICT~ PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Andre Baldanza, Richard Baldanza, Jessica Olmsted,
Philip Polizzotto, and Marie Salanitri are the fee-simple owners of a
part of Rockland Park Subdivision, as the same is more particularly
described herein; and
WHEREAS, Carl A. Podesta, Esquire, as duly authorized agent
for the fee-simple owners as hereinabove named, has requested by
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 designation of a zoning classification is part
of the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Stat'utes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ 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:
ORB 81551 Pe 1872.
easterly 33.41 feet thereof for right-of-way for SR
809), and Lots I through 26, inclusive, Block 3 (less
tho easterly 34.02 feet thereof for right-of-way for
SR 809), ROCKLAND PARK, according to the Plat thereof
recorded in Plat Book 24, Page 23, of the Public
Records of Palm Beach County, Florida;
TOGETHER WITH tho unimproved 50 ft. road sight-of-way
for Mazza Dr£ve, and the unimproved 25 ft. ~oad
right-of-way (McGovern Lane) directly adjacent to the
south of Lots 14 through 26, inclusive, Block 3, and
the unimproved 25 ft. road right-of-way lying west of
and adjacent to Lot 14, Block 2, Mazza Drive road
right-of-way, Lots 13 and 14, Block 3, and McGove~n
Lane road right-of-way, all lying within the Plat of
ROCKLAND PARK, as recorded tn Plat Book 24, Page 23,
of the Public Records of Palm Beach County, Flogtda.
The subject property £s located on the west side of
Military Trail, appgoximately 2,800 feet north of
Atlantic Avenue; containing 11.63 acres, megs or
less.
~ That the boundaries of the City of Dolray Beach,
Florida, are hereby redefined to include therein the above-described
parce1s and said land is hereby declared to be within the corporate
limits of the City of Delray Beach, Flor£da.
~.~ That Chapter T~o of the Land Development
Regulations has been followed tn the establishment of a zonin9
classification in this ordinance and the parcels heretnabove described
are hereby declared to be tn Zoning District itL (Low Density
Residential) as defined by existing ordinances of the City of Delray
Beach.
~ That the land he~etnabove dosc~tbed shall
tmmedtatel~ b~come subject to all of the franchises, privileges,
Immunities, debts, obligations, liabilities, ordinances and la~s ~o
which lands tn the City of Delray Beach are now or may be subjected,
including the Steam,rater Management Assessment levied by the Ci~
pugsuant to 1ts ordinances and as required by Florida Statutes Chapter
197, and persons ~estdtng thereon shall be deemed citizens of the City
of Delray Beach, Florida.
'* - 2 - Ogd. No. 61-94
~tIL1Li&IA_~. 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 otherwile specifically
initiated by the City pursuant to current requirements and conditions.
~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ That should any section or ~rovision 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 thanthe part declared to be invalid.
~ That this ordinance shall become effective as
follows: As to annexation, immediately upon passage on second and
final reading; as to zoning, immediately upon adoption on second and
final reading of Ordinance No. 94-94, under which an official land use
designation of Medium Density Residential is affixed to the subject
property hereinabove described.
PASSED AND ADOPTED in regular session on second and final
reading on this the 6th day of December , 1994.
ATTEST:
--- Dity Cle~:k '
First Reading November 15t 1994
Second Read~ng December 6t 1994
- 3 - Ord. No. 61-94
ORB &55~ P~
. _.. ,, ~ '~ ~ ~,.
: I
PROPER~
~ ~N~TION
Property Control Number: 00-42-46-14-03-002-0140 and
00-42-46-14-03-003-0010
'. Acreaqe: 11.63
?axable value: $339,850
Current Use of ProE~rt¥: Vacant parcel.
Owner's Name and Address: Marie Salanitri, et. el.
28 Diane Dr.
Brick, NJ 08724
~ount¥ Street Address: N/A
County Land Use Desiqnation: LR-3 Low Density Residential (3
units per acre)
City Land Uso Desiqnation~ #odium Density Residential
units per acre)
county zoning Desiqnatlon: AR (Agricultural
City Zoning Designations RL (Multiple Family Residential -
Leqal Descriptions The south 420.01 feet of the south
half (S 1/2) of the northeast
quarter (NE 1/4) of the northeast
quarter (NE 1/4) of Section
Township 46 South, Range 42 East,
less tAe existing righC-ofoway of
· DOROTHY H. WILKEN~ CL~RK PB COUNTY~ FL
, ,,,,,,,,,,,,, 1! ,
, -. , ,~ I...a ~ TLc . , ! AVtNU[ ...
~ ANNEXATION and
,'-.-..-.,.~ FUTURE LAND USE MAP AMENDMENT
! Ill I
FLORIDA DEPARTMENT OF STATE
Jim Smith, Secretary of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
Tallahassee, Florida 32399-0250
(904) 488-8427
December 21, 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 December 16, 1994 and
certified copy each of Ordinance No. 61-94 and 62-94 annexing
certain lands into the City of Delray Beach, which were filed
in this office on December 21, 1994.
For future use, our current address is:
Department of State
Bureau of Administrative Code
The Elliot Building
401 South Monroe Street
Tallahassee, Florida 32399-0250
Sincerely,
Bureau of Administrative Code
LC/mw
[IT¥ DF DELRIW BEIICH
P~,,o,~,?^~: CITY CLERK ~ooN.w.~,t,~vENuE · ~~,~o~,~ · ~o~,~-~ooo
~ll,~mJ;; C~
1993
December
TO WHOM IT MAY CONCERN:
Enclosed please find a copy of annexation Ordinances No. 61-94
and 62-94, passed and adopted on second and final reading by the
City Commission of the City of Delray Beach, Florida, in regular
session on December 6, 1994.
This information is provided in accordance with Section 166.231
Florida Statutes, and Chapter 50 of the Code of Ordinances of the
City of Delray Beach.
If you have any questions, please do not hesitate to contact me
at 407-243-7050.
Sincerely,
Alison MacGregor Harty
City Clerk
AMH/sh
Enclosures: Ordinances No. 61-94 and 62-94
knnexation Brief
THE EFFORT ALWAYS MATTERS
Printecl on Recycled Paper
ORDINANCE NO. 61-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PART OF ROCKLAND PARK SUBDIVISION, LOCATED
ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY
2,800 FEET NORTH OF ATLANTIC AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RL
(LOW DENSITY RESIDENTIAL) DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Andre Baldanza, Richard Baldanza, Jessica Olmsted,
Philip Polizzotto, and Marie Salanitri are the fee-simple owners of a
part of Rockland Park Subdivision, as the same is more particularly
described herein; and
WHEREAS, Cari A. Podesta, Esquire, as duly authorized agent
for the fee-simple owners as hereinabove named, has requested by
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 designation of a zoning classification is part
of the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~z~ 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:
Lots 14 through 26, inclusive, Block 2 (less the
easterly 33.41 feet thereof for right-of-way for SR
809), and Lots ! through 26, inclusive, Block 3 (less
the easterly 34.02 feet thereof for right-of-way for
SR 809), ROCKLAND PARK, according to the Plat thereof
recorded in Plat Book 24, Page 23, of the Public
Records of Palm Beach County, Florida;
TOGETHER WITH the unimproved 50 ft. road right-of-way
for Mazza Drive, and the unimproved 25 ft. road
right-of-way (McGovern Lane) directly adjacent to the
south of Lots 14 through 26, inclusive, Block 3, and
the unimproved 25 ft. road right-of-way lying west of
and adjacent to Lot 14, Block 2, Mazza Drive road
right-of-way, Lots 13 and 14, Block 3, and McGovern
Lane road right-of-way, all lying within the Plat of
ROCKLAND PARK, as recorded in Plat Book 24, Page 23,
of the Public Records of Palm Beach County, Florida.
The subject property is located on the west side of
Military Trail, approximately 2,800 feet north of
Atlantic Avenue; containing 11.63 acres, more or
less.
~ That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
parcels and said land is hereby declared to be within the corporate
limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the parcels hereinabove described
are hereby declared to be in Zoning District RL (Low Density
Residential) as defined by existing ordinances of the City of Delray
Beach.
Section 4. 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. 61-94
~ 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.
~_~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ 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.
~ That this ordinance shall become effective as
follows: As to annexation, immediately upon passage on second and
final reading; as to zoning, immediately upon adoption on second and
final reading of Ordinance No. 94-94, under which an official land use
designation of Medium Density Residential is affixed to the subject
property hereinabove described.
PASSED AND ADOPTED in regular session on second and final
reading on this the 6th day of December , 1994.
ATTEST:
--- ~ity Cl~rk '
First Reading November 15t 1994
Second Reading December 6t 1994
- 3 - Ord. No. 61-94
HIGHPOINT WEST
SPENCE'
PROPERTY
ATLANTIC
ANNEXATION
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DISTRIBUTION LIST
FROM: JEFF PERKINS, PLANNER~
DATE: DECEMBER 8, 1994
RE: ANNEXATION OF A PORTION OF ROCKLAND PARK SUBDIVISION
On December 6, 1994 the City Commission approved on second and
final reading the annexation of a portion of Rockland Park
Subdivision. The subject parcel is located on the west side of
Military Trail, north of High Point Lake Drive. The attached
map shows the property which is now located within the municipal
boundaries and under municipal jurisdiction.
The following property data is- attached for your information.
If you have any questions feel free to contact me at x7325.
ROCKLAND PARK SUBDIVISION - ANNEXATION BRIEF
Property Control Number: 00-42-46-14-03-002-0140 and
00-42-46-14-03-003-0010
.. Acreage: 11.63
Taxable Value: $339,850
Current Use of Property: Vacant parcel.
Owner's Name and Address: Marie Salanitri, et. al.
28 Diane Dr.
Brick, NJ 08724
County Street Address: N/A
County Land Use Designation: LR-3 Low Density Residential (3
units per acre)
City Land Use Designation: Medium Density Residential (0-5
units per acre)
County Zoning Designation: AR (Agricultural Residential)
City Zoning Designation: RL (Multiple Family Residential -
Low Density)
Legal Description: The south 420.01 feet of the south
half (S 1/2) of the northeast
quarter (NE 1/4) of the northeast
quarter (NE 1/4) of Section 14,
Township 46 South, Range 42 East,
less the existing right-of-way of
Military Trail.
pOc.3 p"
~II ~,N~ W~ST --. :..~..""__-...Ji
__~ ,"rm._._!~ ~ ~-
SP~CE
- ~'
1 1
--
i
__. &rMANTL~ . .
AVENUE
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ ~O.~.- MEETING OF ...............
DATE: DECEMBER 2, 1994
This is second reading and public hearing for Ordinance No. 61-94
which annexes an 11.63 acre undeveloped portion of Rockland Park
Subdivision with initial zoning of RL (Low Density Residential - 3
to 6 units per acre). The subject property is located on the west
side of Military Trail, approximately 2,800 feet north of Atlantic
Avenue.
The applicant initially applied for annexation with initial zoning
of RM (Medium Density Residential - 6 to 12 units per acre). When
the petition was considered by the Planning and Zoning Board at
public hearing on July 18, 1994, the recommendation was to approve
the annexation with initial zoning of RL. On August 2, 1994, the
City Commission voted unanimously to transmit the associated land
use plan amendment from County Low Density (3 units/acre) to City
Medium Density as part of Comprehensive Plan Amendment 94-2. At
the same time, the Commission indicated their support for RL zoning
as opposed to the requested RM zoning. The applicant has since
amended the annexation petition to reflect initial zoning of RL
(Low Density Residential).
On August 16, 1994, Ordinance No. 61-94 was presented to the
Commission for first reading. It was tabled, pending further
discussion of the City's annexation policy for properties in the
reserve area. At the October 4th workshop, staff was directed to
proceed with the annexation of the area west of Military Trail in
timely fashion and to process voluntary annexation petitions such
as Rockland Park as they are received. Inasmuch as we are now at
the adoption stage for Comprehensive Plan Amendment 94-2, it is
appropriate to proceed with concurrent annexation of the property
prior to affixing the official land use designation. At first
reading on November 15, 1994, the Commission passed the ordinance
by unanimous vote.
Recommend approval of Ordinance No. 61-94 on second and final
reading.
ref:agme,o6 ~/~~ ~ ~ ~~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUB ECT:
DATE: NOVEMBER 1!, 1994
This is first reading for Ordinance No. 61-94 which annexes an
11.63 acre undeveloped portion of Rockland Park Subdivision with
initial zoning of RL (Low Density Residential - 3 to 6 units per
acre). The subject property is located on the west side of
Military Trail, approximately 2,800 feet north of Atlantic Avenue.
The applicant initially applied for annexation with initial zoning
of RM (Medium Density Residential - 6 to 12 units per acre). When
the petition was considered by the Planning and Zoning Board at
public hearing on July 18, 1994, the recommendation was to approve
the annexation with initial zoning of RL. On August 2, 1994, the
City Commission voted unanimously to transmit the associated land
use plan amendment from County Low Density (3 units/acre) to City
Medium Density for this property as part of Comprehensive Plan
Amendment 94-2. At the same time, the Commission indicated their
support for RL zoning as opposed to the requested RM zoning. The
applicant has since amended the annexation petition to reflect
initial zoning of RL (Low Density Residential).
On August 16, 1994, Ordinance No. 61-94 was presented to the
Commission for first reading. It was tabled, pending further
discussion of the City's annexation policy for properties in the
reserve area. At the October 4th workshop, staff was directed to
proceed with the annexation of the area west of Military Trail in
timely fashion and to process voluntary annexation petitions such
as Rockland Park as they are received. Inasmuch as we are now at
the adoption stage for Comprehensive Plan Amendment 94-2, it is
appropriate to proceed with concurrent annexation of the property
prior to affixing the official land use designation.
Recommend approval of Ordinance No. 61-94 on first reading. If
passed, a public hearing will be held on December 6, 1994.
ref, agmemo6 p~ ~_~
CAm A. PODESTA, P.A.
11380 Prosperity Farms Road, Suite 210B
Palm Beach Gardens, Florida 33410
Carl Sussman Podesta T¢lephon~ (407) 627-0469
Attorn~ at Law Fax (407) 624-4443
November 10, 1994
VIA FEDERAL EXPRESS
Jasmin Allen, Planner
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Rockland Park Subdivision/Applications for Annexation, Rezoning and Land Use Plan
Amendment
Dear Ms. Allen:
In response to your letter of October 25, 1994, enclosed please find the following
original documents which have been executed by Andre Baldanza, Richard Baldanza, Jessica
Olmsted, Phil Polizzotto, and Marie Salanitri, respectively, as the owners of the property
referenced above:
1. Owner's Affidavit Regarding Stormwater Management Assessment;
2. Owner's Consent and Agency Designation for Land Use Plan Amendment;
3. Owner's Consent and Agency Designation for Annexation Application; and
4. Owner's Consent and Agency Designation for Rezoning Application.
As the Owners have appointed me their agent for the purpose of processing the
referenced applications, they have authorized me to formally request that the City modify
the Rezoning Application to reflect the RL (residential low - 3 to 6 units per acre) zoning
classification in lieu of the RM designation originally requested by the prior applicant, Mr.
Jeffrey Kukes.
If you have any questions regarding this letter or enclosures, please contact me
immediately. I will be in attendance at the City Commission hearing on November 15, 1994
and would appreciate it if you will let me know whether any back up material will be
provided or available in connection with this hearing. Thank you.
Sincerely,
Carl A. Podesta
Enclosures
CITY COMMISSION DOCUMENTATION
TO: D V~v~T. HARDEN, CITY MANAGER
DEPARTMENT OF PLA{~NING~D ZONING
FROM: /JEPF ~ERKINS, PLANNER
SUBJECT: MEETING OF NOVEMBER 15, 1994
ANNEXATION OF A 11.63 ACRE PARCEL OF LAND (A PORTION
OF ROCKLAND PARK SUBDIVISION) AND INITIAL ZONING OF RL
(MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the commission is the approval on first
reading of the annexation and initial zoning of RL (Multiple
Family Residential - Low Density) for a portion of the Rockland
Park Subdivision.
The subject property is a 11.63 acre vacant parcel, located on
the west side of Military Trail, approximately 2800 feet north
of Atlantic Avenue.
BACKGROUND:
The site is an 11.63 acre undeveloped portion of the Rockland
Park subdivision (total acreage 20.8). It is located in
unincorporated Palm Beach County, within the City's designated
planning and service area.
In 1989, this property was given an advisory Future Land Use Map
(FLUM) designation of Medium Density Residential. It is
designated on the County's Future Land Use Map (FLUM) as LR-3
(Low Density Residential - 3 units per acre). The applicant has
applied for annexation of the parcel into the City with an
initial zoning of RM (Multiple Family Residential - Medium
Density). An application for a Future Land Use Map amendment
from the current County designation of LR-3 (Low Residential - 3
units per acre) to the City's Medium Density Residential
designation is being processed simultaneously.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered a request for
annexation with initial zoning of RM at its regular meeting of
July 18, 1994. At that meeting a number of residents of
adjacent properties expressed concerns over the effects of the
City Commission Documentation
Rockland Park Annexation and Initial Zoning
Page 2
proposed density on their communities. They felt that
development at the RM maximum density of 12 units per acre would
be incompatible with the surrounding densities (Approximately
6-7 d.u./acre in High Point West and 3 d.u./acre in the
developed portion of Rockland Park). Other concerns related to
the possible height of structures developed pursuant to the RM
regulations and the possibility of development of the parcel as a
rental community. The Board agreed with the residents with
regard to the compatibility of the densities and recommended
approval of the annexation with an initial zoning of RL
(Multiple Family Residential - Low Density, 3-6 units per acre).
The annexation and initial zoning were considered in conjunction
with a change in the FLUM designation from County LR-3 to City
Medium Density Residential. The P & Z Board voted unanimously
to recommend transmittal of the amendment to Medium Density
Residential. On August 2, 1994 the City Commission voted
unanimously to transmit the amendment to Medium Density
Residential to the Department of Community Affairs (DCA) as a
portion of Comprehensive Plan Amendment 94-2. At that meeting,
the Commission heard comments from area residents regarding the
potential density, and indicated their support for an RL zoning
designation as opposed to the requested RM.
PREVIOUS CITY COMMISSION CONSIDERATION:
The Commission first considered the annexation and initial
zoning at its meeting of August 16, 1994. At that meeting, the
Commission again heard comments from area residents regarding
the potential density. The Commission raised concerns regarding
the City's policies for annexations west of Military Trail.
There was a concern that the annexation was occurring in a
"piecemeal" fashion. Direction was given to discuss the future
of the reserve annexation at a workshop session. In the
meantime the Commission voted unanimously to table the proposed
annexation and initial zoning.
The Commission considered the existing policies and
alternatives regarding the reserve annexation area at its
Workshop Meeting of October 4, 1994. At the workshop the
Commission directed staff to proceed with the annexation of the
area west of Military Trail in a timely fashion. Regarding the
processing of voluntary annexations such as Rockland Park, the
Commission directed that they are to be processed as received.
RECOMMENDED ACTION:
By motion, approve on first reading the annexation of an 11.63
acre portion of the Rockland Park Subdivision with an initial
zoning of RL (Multiple Family Residential - Low Density).
Attachment:
* P&Z Staff Report
PLANNING AN ZONING BOARr'
CITY OF DELRAY BEACH ---'STAFF REPORT---
MEETING DATE: July 18, 1994
AGENDA ITEM: V.D.
ITEM: Annexation & Initial Zoning for Rockland Fark
GENERAL DATA:
Owners ................... Andre Baldzana, Richard
Baldzana, Jessica Olmstead,
Phil Polizotto, and Marie
Salanitri
Contract Purchaser ....... Jeffrey Kukes
Location ................. Approximately 2800 feet north
of Atlantic Avenue, on the
west side of Military Trail.
Property Size ............ 11.63 Acres
City Advisory Land Use
Map Designation .......... Medium Density Residential
County Land Use Map
Designation .............. LR-3 (Residential with a
maximum density of 3
units/acre)
Current County Zoning .... AR (Agricultural
Residential) - PBC
Proposed City Zoning ..... RM (Multiple Family
Residential - Medium
Density)
Adjacent Zoning...North: AR
East: SAD (Special Activities
District), RM
South: RS (Single Family
Residential) - PBC
West: RS
Existing Land Use ........ Vacant
Development Proposal ..... Annexation of the parcel
with initial zoning
designation of RM.
Water Service ............ Existing 12" water main
along the east side of
Military Trail with stub
outs to Conklin Drive and
McGovern Drive.
Sewer Service ............ Nearest City sewer service
is an existing city lift
station at the northwest
corner of Military Trail and
Conklin Drive, approximately
300 feet to the north.
ITEM BEFORE THE BOARDs ........
The action before the Board is making a recommendation to the
City Commission on a voluntary annexation (pursuant to Florida
Statute 171.044) with initial City zoning of RM (Multiple Family
Residential - Medium Density).
Pursuant to Section 2.2.2(E)(6), the Local Planning Agency
(Planning and Zoning Board) shall review and make a
recommendation to the City Commission with respect to all
annexations and rezonings.
The subject property is:
The south 420.01 feet of the south 1/2 of the NE 1/4 of the
NE 1/4 of Section 14, Township 46 south, Range 42 east,
less the Military Trail right-of-way;
A/K/A Lots 1-26 (less the easterly 34.02 feet SR 809 ROW),
Block 3 and Lots 14-26 (less the easterly 34.02 feet SR 809
ROW), Block 2 Rockland Park, as recorded in the Public
Records Of Palm Beach County, Plat Book 24, Page 23;
a vacant parcel located on the west side of Military Trail,
approximately 2,800 feet north of Atlantic Avenue. The property
is currently under the jurisdiction of Palm Beach County.
BACKGROUND:
The site is an 11.63 acre undeveloped portion of the Rockland
Park subdivision ( total acreage 20.8 ). It is located in
unincorporated Palm Beach County, within the City's designated
planning and service area.
In 1989, this property was given an advisory FLUM designation of
Medium Density Residential. It is designated on the County's
Future Land Use Map (FLUM) as LR-3 (Low Density Residential - 3
units per acre). The applicant has applied for annexation of
the parcel into the city with an initial zoning of RM (Multiple
Family Residential - Medium Density). An application for a
Future Land Use Map amendment from the current county
designation of LR-3 (Low Residential - 3 units per acre) to the
City's Medium Density Residential designation is being processed
s imu 1 taneous ly.
A N N E X A T I O N A N A L Y S I S:
Florida Statutes Governing Annexation:
Pursuant to Florida Statute 171.044 "the owner or owners of real
property in an incorporated area of a county which is contiguous
P & Z Staff Rep¢
Rockland Park - Annexation and Initial Zoning'
Page 2
to a municipality and reasonably compact may petition the
governing body of said municipality that said property be
annexed into the municipality." Pursuant to F.S. 171.044 land
shall not be annexed through voluntary annexation when such
annexation results in the creation of enclaves.
The subject property is contiguous to the City, reasonably
compact, and the proposed annexation will not create any
enclaves. The owner of the subject parcel has petitioned
for annexation.
Consistency Between City and County Designations:
The current Palm Beach County Future Land Use Map Designation
for the property is LR-3 (Low Residential - 3 units per acre).
The current City advisory Future Land Use Map designation is
Medium Density Residential (5-12 units per acre). The City's
designation will allow a higher density of residential
development. The proposed FLUM amendment will be discussed in a
separate report. Based on the findings contained in that
report, the City's FLUM designation will become effective upon
annexation and approval of Plan Amendment 94-2.
Consistency with Adjacent Future Land Use Map Designations and
Land Uses:
The subject parcel is bordered on the north by an existing
single family development (the remainder of Rockland Park) which
is designated as LR-3 (Low Residential - 3 units per acre) on
the County's FLUM. To the south and west of the parcel is an
existing multi-family development designated (HR-8 High
Residential 8 units per acre) on the County's FLUM. All of
these parcels have been assigned a City advisory FLUM
designation of Medium Density Residential (5-12 units per acre).
To the east of the property and across Military Trail is an
existing multi-family development (High Point) which is
designated as Medium Density Residential and an existing
commercial development (the Extra Closet) designated as
Transitional on the City's FLUM.
Given the parcel's location adjacent to primarily residential
development at densities consistent with the city's Medium
Density Residential designation, this designation is appropriate
for the subject parcel.
Consistency with the City's Comprehensive Plan:
Desiqnated Annexation Area: The requested annexation is
consistent with Policy B-3.4, of the Future Land Use Element of
which calls for the annexation of eligible properties. The
property is shown within the "designated annexation area" # 5,
west of Military Trail.
P & Z Staff Repc
Rockland Park - Annexation and Initial Zonin~
Page 3
Provision of Services: Whe~-annexation of property occurs,
services are to be provided in a manner which is consistent with
those provided to similar properties already in the City (Future
Land Use Policy B-3.1). The following is a discussion of
provided services and potential provision levels.
This analysis will serve as the Urban Services Report for the
proposed annexation, as required by Florida Statute 171.042
Traffic:
The current proposal is to annex the property and apply the FLUM
and zoning designations which are consistent with the City's
advisory designation that has been in place since 1989. On that
basis, there is no traffic impact associated with the
annexation, FLUM amendment, and initial zoning. Technically,
however, there is a difference between the traffic generated by
development under the City's designation as compared to that
which could occur under the County LR-3 designation.
The applicant has submitted a traffic study for the proposed
amendment. This analysis is based on the figures included in
that study.
The number of trips which could be generated by the development
of the parcel under the County's FLUM designation is 348:
11.6 acres * 3 units/acre = 34.8 units
34.8 units * 10 ADT/unit = 348 ADT.
The maximum potential for traffic generation under the City's
designation is 973 ADT.
11.61 acres * 12 units/acre = 139.32 units
ADT = 139.32 units * 7 ADT/unit
ADT = 975
As indicated by the study, there is a potential net increase for
the site of 627 ADT. The traffic information submitted with the
current application addresses only the directly accessed link of
Military Trail, which has adequate capacity to serve any added
trips. Thus, a positive finding can be made with regard to the
FLUM amendment and initial zoning.
Per Palm Beach County Unified Land Development Code Section
7.9(I)(D)(2)(E), projects which generate 501-1000 ADT require
the submission of a full traffic study addressing the impact of
the development on all roadway links within a maximum radius 1
mile from the site at the time of Site and Development Plan
submittal. That study must address a roadway link beyond a 0.5
mile distance only if that link will receive trips from the
project in excess of 1% of the affected roadway's LOS "D"
volume.
P & Z Staff Rep(
Rockland Park - annexation and Initial Zoning
Page 4
Palm Beach c6u-h~--i993 traffic counts indicate that Lake Ida
Road between Barwick Road and Congress Avenue, Atlantic Avenue
west of Military Trail and Military Trail south of Atlantic
Avenue all exceed the maximum permissible trips to meet Level of
Service "D." No widening of these links is proposed at this
time. These links are all within the 1 mile radius of maximum
influence, but more than 0.5 mile from the subject property. In
order for a positive finding of concurrency to be made at the
time of site and development plan submittal, the submitted
traffic study must demonstrate that the impact of the project
will be less than 1% of LOS "D" volume for these links.
Water:
Water is available to the site via an existing 12" water main
located on the east side of Military Trail. There are existing
road crossings stubbed out to the McGovern Lane right-of-way
(unimproved) an to Conklin Drive. The size of those stubs has
not been verified at this time. Verification will be required
at the time of development, as well as upgrades if the stubs are
smaller than the minimum 6" diameter. A looped 8" system for
the site and fire flow calculations will also be required at
that time.
Sewer:
An existing lift station is located on the west side of Military
Trail, north of Conklin Drive. This lift station may have
enough capacity to service future development of the site with
multiple family residential at a density of 6-12 units per acre.
If not, upgrading of the lift station may be required.
Drainage:
The site is currently vacant and therefore not subject to
drainage requirements. Submission of drainage plans meeting
City, South Florida Water Management District, and Lake Worth
Drainage District requirements will be required with the site
and development plan.
Fire/EMS:
The subject parcel is currently serviced by Palm Beach County
fire station #42, located on Hagan Ranch Road, approximately 3.2
miles away. Average response time from the station is 5
minutes, 30 seconds at 35 MPH.
Upon annexation service will be provided by Delray Beach fire
station #4, located at the northeast corner of Barwick Road and
Lake Ida Road. The station is approximately 0.9 mile from the
site for a response time of 1 minute, 54 seconds at 35 MPH.
The fire department has reviewed the annexation petition and
indicated that service can be provided to the subject property
P & Z Staff Rep¢ ~
Rockland Park - Annexation and Initial Zonin9
Page 5
~i~h-ihstallation of necessary on-site improvements (hydrants,
roads meeting minimum design standards, etc.) concurrent with
the development.
Police:
The subject parcel is currently serviced by Palm Beach County
Sheriff's Office, located at 345 S. Congress Avenue, which
serves the south County area. The property lies within the
Sheriff's office patrol zone 4. Zone four consists of an area
bounded by E1 Clair Ranch Road on the west, the Atlantic Ocean
on the east, Boynton Beach Boulevard on the north, and Atlantic
Avenue on the south. This area is patrolled by one officer per
shift. Additional response can be summoned from "cover cars"
which roam between zones in numbers which vary according to
availability.
The proposed annexation will not require additional manpower or
expansion of patrol areas as the site is located between areas
currently serviced by the Delray Beach Police Department.
Response times are currently 4 minutes for emergency calls and 6
minutes for non-emergency calls. These times represent an
improvement over the probable response times from the Sheriff's
Office and will not be increased by the annexation.
Solid Waste:
The property, if developed under County Jurisdiction, would
receive solid waste pick-up from County Sanitation. The City is
currently under contract with Waste Management, Inc. for
pick-up. The property would receive trash removal twice weekly,
plus recycling pick-up one a week from either provider. The
rate charged for service would increase from $129 per unit
annually to $172.76
In the preparation of the Delray Beach Comprehensive Plan, an
assessment of level of service and the provision of services
with regard to Solid Waste was undertaken. Thus, the act of
officially annexing the property and adopting the City's
advisory FLUM designation has no impact on Solid Waste Disposal
concurrency.
Parks:
As the property ks currently vacant, no demand for parks is
generated by the property, upon annexation. Potential impacts
from the development of this property according to the proposed
FLUM were considered during the preparation of the City's
Comprehensive Plan. At that time the City determined that
existing parks, along with programmed improvements, were
sufficient to meet desired LOS for future development according
to the FLUM.
At the time of building permit issuance, parks and recreation
impact fees in the amount of $500 per unit will be assessed.
P & Z Staff Repc ~
Rockland Park - ~nnexation and Initial Zonin~~
Page 6
Fiscal Impacts:
Impact on the Annexed Property: In the 1993 tax year the
property owners paid ad valorem taxes based on an assessed value
of $339,850. With the change from County jurisdiction to City,
the following rates will be affected:
Ad Valorem Taxes Millaqe With Annexation
Fire Rescue/MSTU -2.6201 Deleted
Library -0.3915 Deleted
City of Delray Beach +6.8600 Added
City of Delray Beach Debt +1.1400 Added
+4.9884 Difference *
· Total millage is 20.0772 in the County and 25.0656 in
the City
The increase in property taxes will be from approximately $6,824
to $8,519, an increase of approximately $1,695.
Additional charges, such as utility taxes, franchise fees,
stormwater assessments, etc. will be assessed once the property
is developed.
Impact on the City Revenues/Expenses: At the 1993 City millage
rate of 6.86 mills and debt service millage of 1.14 mills the
property will generate revenues of approximately $2,719 in
yearly ad valorem taxes. As the site is vacant, no additional
charges will be assessed by the City.
While the City will realize little additional revenue from the
annexation, no additional costs will be generated by the vacant
parcel.
However, when the parcel is developed with multiple family
housing, significant revenues for the City will be generated.
Ad valorem tax revenues will increase proportionally to the
increase in the property's value with development. Additional
revenue to the City will be gained through collection of
stormwater assessments, landlord permit fees, utility taxes and
franchise fees.
Development of the parcel has the potential to add up to
approximately 302 people to the population of the City, based on
a maximum unit count of 139 and the City average of 2.17
residents per unit. The State disburses revenue from cigarette
taxes, state sales tax, State revenue sharing funds, etc. In
1993, these per capita reimbursements amounted to approximately
$90.38 per resident. Thus the City would gain up to $27,294.76
annually from per capita reimbursements when the parcel is
developed.
P & Z Staff Repc "
Rockland Park - Annexation and Initial Zonin9
Page 7
ZONING ANALYSIS:
REQUIRED FINDINGS:
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.
Pursuant to Land Development Regulations Section 3.1.1(A) all
land uses and structures must be allowed in the zoning district
and the zoning district must be consistent with the land use
designation. There are no structures currently existing on the
parcel. A zoning designation of RM (Multiple Family Residential
- Medium Density) will be assigned to the parcel upon
annexation. The proposed zoning is consistent with the proposed
Future Land Use Map designation of Medium Density Residential,
which is being processed as a separate application.
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 subject parcel is currently vacant. The maximum development
potential according to the current FLUM is 39 single family
dwelling units. The proposed FLUM designation and zoning would
permit a maximum of 139 multiple family dwelling units. As
described above, little demand for service capacity will be
generated immediately upon annexation and application of initial
zoning.
However, the potential for future service demands will be
increased by this action. Although positive findings can be
made at this time, reevaluation of concurrency requirements will
be necessary with the site and development plan for the
property.
Consistency: Compliance with the performance standards set
forth in Article 3.3.2 (Zoning), along with the required
findings of 2.4.5, shall be the basis upon which a finding of
overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in
the making of a finding of overall consistency.
Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
A) That rezoning to other than CF within stable residential
areas shall be denied. (Housing Element A-2.4)
As the current proposal is initial zoning of the parcel to
a designation consistent with the City's Future Land Map
designation, this standard is not applicable.
P & Z Staff Rep¢
Rockland Park - Annexation and Initial Zoninp'
Page 8
D) 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 subject property is adjacent to land zoned AR
(Agricultural Residential) and RS (Single Family
Residential) in Palm Beach County, as well as SAD (Special
Activities District) and RM (Multiple Family Residential -
Medium Density) in the City. The surrounding land uses are
single family and multiple family residences, a self
storage facility, a post office, and various commercial
uses. Multiple family development in this location will be
compatible with surrounding properties.
Section 2.4.5(D)(5) (Rezoninq Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought.
As the petition is an initial zoning designation to a property
being annexed, this section does not apply.
A review of the goals, objectives and policies of the adopted
Comprehensive Plan was conducted and the following additional
Goals, Objectives, and policies relevant to this action were
found.
Conservation Element Policy B-2.1:
The submission of a biological survey and a habitat analysis
shall accompany land use requests for plan amendments,
rezonings, and site plan approval.
Conservation Element Policy B-2.2:
Whenever and wherever significant or sensitive flora and fauna
communities are identified pursuant to Policy B-2.1, they shall
be preserved as if they were environmentally sensitive areas as
identified in Objective B-1.
Conservation Element Policy B-2.5:
Whenever new development is proposed along a waterway, a canal,
an environmentally sensitive area, or an area identified
pursuant to Policy B-2.1, an area equivalent to at least 10% of
the total area of the development shall be set aside in an
undisturbed state or 25% of the native communities shall be
retained pursuant to TCRPC Policy 10.2.2.2.
P & Z Staff Rep¢ ¥
Rockland Park - annexation and Initial Zonin9
Page 9
Although no biological survey or habita~-~h~iy~I~ has been
submitted at this time, native habitat in the form of Slash
Pine and Saw Palmetto has been noted on the site.
Submission of the biological survey and habitat analysis
will be required with the site and development plan.
Provision to preserve native communities according to the
above. Policies will be required as a part of the site and
development plan.
Future Land Use Element Policy B-3.3a:
This policy requires consistency between County and City FLUM
designations within the Delray Beach Planning and Service Area.
The proposed FLUM amendment, along with a County FLUM amendment
being processed concurrently for the property achieves the
required consistency.
LDR Compliance:
As this is a vacant property and no development is proposed with
this annexation and initial zoning action, review of the site
with regard to current development standards is not applicable.
REVIEW BY OTHERS:
The proposed Annexation and initial zoning is not in a
geographic area requiring review by either the HPB (Historic
Preservation Board), DDA (Downtown Development Authority) or the
CRA (Community Redevelopment Agency).
On June 29, Notice of the proposed annexation was sent to the
Palm Beach County Planning Division. To date no formal response
has been received.
Neighborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. A special certified
notice has been sent to the property owner of record.
Courtesy notices have been sent to the following individuals and
groups who have requested notification of petitions in that
area:
* Helen Coopersmith
Progressive Residents of Delray
* Jack Kellerman
High Point
* Art Jackel
United Property Owners
P & Z Staff Rep¢ , ~
Rockland Park - annexation and Initial Zonin9
Page 10
Letters of objection, if any, will-be presented at the P & Z
Board meeting.
ASSESSMENT AND CONCLUSIONS:
Annexation of this property and with an initial City zoning
designation of RM is consistent with the City's program for
annexation of territory in its Planning and Service Area. The
annexation is also consistent with the requirements of State
Statute 171. 044, regulating voluntary annexations.
The annexation will provide the property with Police, Fire, EMS
and other required services at a level equal to that of other
properties in the City with response times superior to those
currently provided by the County.
The property will experience an increase in taxes of
approximately $1,695 annually.
The City will receive additional revenue from property taxes of
approximately $2,719 a year, with a potential for significantly
increased revenue with the development of the property. The
City will not have an increase in expenses at this time.
Regarding the initial zoning, the proposed RM zoning is
appropriate for the location and consistent with the City's
current Medium Density Residential Future Land Use Map
designation. A FLUM amendment from the County LR-3 designation
to Medium Density is being processed concurrently, as a portion
of Comprehensive Plan Amendment 94-2. All required positive
findings can be made.
ALTERNATIVE ACTIONS:
A. Continue with direction.
B. Recommend approval of the proposed Annexation with
initial zoning of RM (Multiple Family Residential -
Medium Density) based on positive findings with
respect to Sections 3.3.1, 3.3.2, and 2.4.5(D)(1) and
the Comprehensive Plan, as well as the following
findings:
That the property is contiguous, reasonably
compact and does not create an enclave; and
That services will be provided to the property in
a manner similar to other similar properties
within the City.
C. Recommend denial of the proposed annexation and
initial zoning of RM (Multiple Family Residential -
P & Z Staff Repo
Rockland Park - a,~nexation and Initial Zonin~
Page 11
MediUm Density), based on a failure to make positive
findings.
STAFF RECOMMENDATION:
By Motion:
Recommend to the City Commission approval of an Annexation
request with initial zoning of RM (Multiple Family
Residential - Medium Density) for:
The south 420.01 feet of the south 1/2 of the NE 1/4
of the NE 1/4 of Section 14, Township 46 south, Range
42 east, less the Military Trail right-of-way;
A/K/A Lots 1-26 (less the easterly 34.02 feet SR 809
ROW), Block 3 and Lots 14-26 (less the easterly 34.02
feet SR 809 ROW), Block 2 Rockland Park, as recorded
in the Public Records Of Palm Beach County, Plat Book
24, Page 23;
based on positive findings with respect to Sections 3.3.1,
3.3.2, and 2.4.5(D)(1) and the Comprehensive Plan, as well
as the following findings:
That the property is contiguous, reasonably
compact and does not create an enclave; and
That services will be provided to the property in
a manner similar to other similar properties
within the City.
Attachments:
* Location Map
Report prepared by : Je~ Perkins, Planner
Reviewed by PD on :
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT:AG ,NDA TEM # - M ,T NG OF AUGUST 16, 1994
ORDINANCE NO. 61-94
DATE: AUGUST 12, 1994
This is first reading for Ordinance No. 61-94 annexing and
establishing initial zoning of RL (Low Density Residential), for
an 11.63 acre undeveloped portion of Rockland Park Subdivision.
This property is located on the west side of Military Trail,
approximately 2800 feet north of Atlantic Avenue in unincorpora-
ted Palm Beach County, within the City's designated planning and
service area.
The applicant has applied for annexation of the parcel into the
City with an initial zoning of RM (Medium Density Residential).
However, the Planning and Zoning Board agreed with residents'
concerns that RM zoning would be incompatible with surrounding
densities, and recommended approval of the annexation with an
initial zoning of RL. The City Commission at its meeting of
August 2, 1994 gave direction to staff to transmit the associated
land use plan amendment to the Department of Community Affairs
(DCA) as a portion of Comprehensive Plan Amendment 94-2, with
annexation and initial zoning of RL.
If the annexation and initial zoning are approved on first
reading, the public hearing and second reading is expected in
December, 1994.
Recommend approval on first reading of Ordinance 61-94 annexing
an 11.63 acre portion of the Rockland Park Subdivision with an
initial zoning of RL (Low Density Residential).
ORDINANCE NO 61-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PART OF ROCKLAND PARK SUBDIVISION, LOCATED
ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY
2,800 FEET NORTH OF ATLANTIC AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RL
(LOW DENSITY RESIDENTIAL) DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Andre Baldanza, Richard Baldanza, Jessica Olmsted,
Philip Polizzotto, and Marie Salanitri are the fee-simple owners of a
part of Rockland Park Subdivision, as the same is more particularly
described herein; and
WHEREAS, J~ffrcy Kukes, as duly authorized agent for the
fee-simple owners as hereinabove named, has requested by 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 designation of a zoning classification is part
of the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~_~ 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:
Lots 14 through 26, inclusive, Block 2 (less the
easterly 33.41 feet thereof for right-of-way for SR
809), and Lots ! through 26, inclusive, Block 3 (less
the easterly 34.02 feet thereof for right-of-way for
SR 809), ROCKLAND PARK, according to the Plat thereof
recorded in Plat Book 24, Page 23, of the Public
Records of Palm Beach County, Florida;
TOGETHER WITH the unimproved 50 ft. road right-of-way
for Mazza Drive, and the unimproved 25 ft. road
right-of-way (McGovern Lane) directly adjacent to the
south of Lots 14 through 26, inclusive, Block 3, and
the unimproved 25 ft. road right-of-way lying west of
and adjacent to Lot 14, Block 2, Mazza Drive road
right-of-way, Lots 13 and 14, Block 3, and McGovern
Lane road right-of-way, all lying within the Plat of
ROCKLAND PARK, as recorded in Plat Book 24, Page 23,
of the Public Records of Palm Beach County, Florida.
The subject property is located on the west side of
Military Trail, approximately 2,800 feet north of
Atlantic Avenue; containing 11.63 acres, more or
less.
~ That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
parcels and said land is hereby declared to be within the corporate
limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the parcels hereinabove described
are hereby declared to be in Zoning District RL (Low Density
Residential) as defined by existing ordinances of the City of Delray
Beach.
~ 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. 6!-94
~ 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 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~_~ 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 de~l~red to be invalid.
/
~_~ That this ordin~ce shall become effective
immediately upon passage on second and/finalreadin~$0\~
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 61-94
HIGHPOIN'I' WE. ST
SPENCE
PROPERT9?
ATLANTIC
N
~ ANNEXATION
-- ~1'1~'?~ ~,4..~' M4P ~ ----
II I II
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLA~NING AMD Z~ING
SUBJECT: MEETING OF AUGUST 16, 1994
ANNEXATION OF A 11.63 ACRE PARCEL OF LAND (A PORTION
OF ROCKLAND PARK SUBDIVISION) AND INITIAL ZONING OF RL
(MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the commission is the approval on first
reading of the annexation and initial zoning of RL (Multiple
Family Residential - Low Density for a portion of the Rockland
Park Subdivision.
The subject property is a 11.63 acre vacant parcel, located on
the west side of Military Trail, approximately 2800 feet north
of Atlantic Avenue.
BACKGROUND:
The site is an 11.63 acre undeveloped portion of the Rockland
Park subdivision (total acreage 20.8). It is located in
unincorporated Palm Beach County, within the City's designated
planning and service area.
In 1989, this property was given an advisory FLUM designation of
Medium Density Residential. It is designated on the County's
Future Land Use Map (FLUM) as LR-3 (Low Density Residential - 3
units per acre). The applicant has applied for annexation of
the parcel into the city with an initial zoning of RM (Multiple
Family Residential - Medium Density). An application for a
Future Land Use Map amendment from the current County
designation of LR-3 (Low Residential - 3 units per acre) to the
City's Medium Density Residential designation is being processed
simultaneously.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered a request for
annexation with initial zoning of RM at its regular meeting of
City Commission Documentation
Rockland Park Annexation and Initial Zoning
Page 2
July 18, 1994. At that meeting an number of residents of
adjacent properties expressed concerns over the effects of the
proposed density on their communities. They felt that
development at the RM maximum density of 12 units per acre would
be incompatible with the surrounding densities (Approximately
6-7 d.u./acre in High Point West and 3 d.u./acre in the
developed portion of Rockland Park). Other concerns related to
the possible height of structures developed pursuant to the RM
regulations and the possibility of development of the parcel as a
rental community. The Board agreed with the residents with
regard to the compatibility of the densities and recommended
approval of the annexation with an initial zoning of RL
(Multiple Family Residential - Low Density).
The annexation and initial zoning was considered in conjunction
with a change in the FLUM designation from County LR-3 to City
Medium Density Residential. The P & Z Board voted unanimously
to recommend transmittal of the amendment to Medium Density
Residential. On August 2, 1994 the City Commission voted
unanimously to transmit the amendment to Medium Density
Residential to the Department of Community Affairs (DCA) as a
portion of Comprehensive Plan Amendment 94-2. At that meeting,
the commission heard comments from area residents regarding the
potential density, and gave direction to staff to process the
annexation with an initial zoning of RL.
While the first reading of the annexation and rezoning can occur
at this time, the second reading of the ordinance will not be
heard until the FLUM amendment has been approved by DCA.
RECOMMENDED ACTION:
By motion, approve on first reading the annexation of an 11.63
acre portion of the Rockland Park Subdivision with an initial
zoning of RL (Multiple Family Residential - Low Density).
Attachment:
* P&Z Staff Report
PLANNING AND ZONING BOARD
CITY OF DELR~Y BEACH --- ST^FF REPORT---
MEETING DATE: July 18, 1994
AGENDA ITEM: V.D.
ITEM: Annexation & Initial Zoning for Rockland Fark
GENERAL DATA:
O~ners ................... Andre Baldzana, Richard
Baldzana, Jessica Olmstead,
Phil Polizotto, and Marie
Salanttri
Contract Purchaser ....... Jeffrey Kukes
Location ................. Approximately 2800 feet north
of Atlantic Avenue, on the
west side of Military Trail.
Property Size ............ 11.63 Acres
City Advisory Land Use
Map Designation .......... Medium Density Residential
County Land Use Map
Designation .............. iR-3 (Residential with a
max/sum density of 3
units/acre)
Current County Zoning .... AR (Agricultural
Residential) - PBC
Proposed City Zoning ..... RN (Multiple Family
Residential - Medium
Density)
'Adjacent Zoning...North. AR
East, SAD(Special Activities
District), RM
South: RS (Single Family
Residential) - PBC
Existing Land Uae ........ Vacant
Development Proposal ..... Annexation of the parcel
with initial zoning
designation of RM.
Water Service ............ Existing 12" water main
along the east side of
Military Trail with stub
outs to Conklin Drive and
McGovern Drive.
Sewer Service ............ Neare.t City sewer ..rvic.
Is an existing city lift
station at the northwest
corner of Military Trail and
Conklin Drive, approximately
300 feet to the north.
ITEM BEFORE THE BOARDs
The action before the Board is making a recommendation to the
City Commission on a voluntary annexation (pursuant to Florida
Statute 171.044) with initial City zoning of RM (Multiple Family
Residential - Medium Density).
Pursuant to Section 2.2.2(E)(6), the Local Planning Agency
(Planning and Zoning Board) shall review and make a
recommendation to the City Commission with respect to all
annexations and rezonings.
The subject property is=
The south 420.01 feet of the south 1/2 of the NE 1/4 of the
NE 1/4 of Section 14, Township 46 south, Range 42 east,
less the Military Trail right-of-way;
A/K/A Lots 1-26 (less the easterly 34.02 feet SR 809 ROW),
Block 3 and Lots 14-26 (less the easterly 34.02 feet SR 809
ROW), Block 2 Rockland Park, as recorded in the Public
Records Of Palm Beach County, Plat Book 24, Page 23;
a vacant parcel located on the west side of Military Trail,
approximately 2,800 feet north of Atlantic Avenue. The property
is currently under the Jurisdiction of Palm Beach County.
BACKGROUND:
The site is an 11.63 acre undeveloped portion of the Rockland
Park subdivision ( total acreage 20.8 ). It is located in
unincorporated Palm Beach County, within the City's designated
planning and service area.
In 1989, this property was given an advisory FLUM designation of
Medium Density Residential. It is designated on the County's
Future Land Use Map (FLUM) as LR-3 (Low Density Residential - 3
units per acre). The applicant has applied for annexation of
the parcel into the city with an initial zoning of RM (Multiple
Family Residential - Medium Density). An application for a
Future Land Use Map amendment from the current county
designation of LR-3 (Low Residential - 3 units per acre) to the
City's Medium Density Residential designation is being processed
s lmu 1 t aneous 1y.
ANNEXATION ANALYSI Ss
Florida Statutes Governing Annexations
Pursuant to Florida Statute 171.044 "the owner or owners of real
property in an incorporated area of a county which is contiguous
P & Z Staff Report
Rockland Park - Annexation and Initial Zoning
Page 2
to a municipality and reasonably compact may petition the
governing body of said municipality that said property be
annexed into the municipality." Pursuant to F.S. 171.044 land
shall not be annexed through voluntary annexation when such
annexation results in the creation of enclaves.
The subject property is contiguous to the City, reasonably
compact, and the proposed annexation will not create any
enclaves. The owner of the subject parcel has petitioned
for annexation.
Consistency Between City and County Des~qnatione:
The durrent Palm Beach County Future Land Use Map Designation
for the property is LR-3 (Low Residential - 3 units per acre).
The current City advisory Future Land Use Map designation is
Medium Density Residential (5-12 units per acre). The City's
designation will allow a higher density of residential
development. The proposed FLUM amendment will be discussed in a
separate report. Based on the findings contained in that
report, the City's FLUM designation will become effective upon
annexation and approval of Plan Amendment 94-2.
Consistency with Adjacent Future Land Use Map Designations and
Land Uses:
The subject parcel is bordered on the north by an existing
single family development (the remainder of Rockland Park) which
is designated as LR-3 (Low Residential - 3 units per acre) on
the County's FLUM. To the south and west of the parcel is an
existing multi-family development designated (HR-8 High
Residential 8 units per acre) on the County's FLUM. All of
these parcels have been assigned a City advisory FLUM
designation of Medium Density Residential (5-12 units per acre).
To the east of the property and across Military Trail is an
existing multi-family development (High Point) which is
designated as Medium Density Residential and an existing
commercial development (the Extra Closet) designated as
Transitional on the City's FLUM.
Given the parcel's location adjacent to primarily residential
development at densities consistent with the city's Medium
Density Residential designation, this designation is appropriate
for the subject parcel.
Consistency with the City's Comprehensive Plan:
Designated Annexation Area: The requested annexation is
consistent with Policy B-3.4, of the Future Land Use Element of
which calls for the annexation of eligible properties. The
property is shown within the "designated annexation area" # 5,
west of Military Trail.
P & Z Staff Report
Rockland Park - Annexation and Initial Zoning
Page 3
Provision of Services: When annexation of property occurs,
services are to be provided in a manner which is consistent with
those provided to similar properties already in the City (Future
Land Use Policy B-3.1). The following is a discussion of
provided services and potential provision levels.
This analysis will serve as the Urban Services Report for the
.proposed annexation, as required by Florida Statute 171.042
Traffic:
The current proposal is to annex the property and apply the FLUM
and zoning designations which are consistent with the City's
advisory designation that has been in place since 1989. On that
basis, there is no traffic impact associated with the
annexation, FLUM amendment, and initial zoning. Technically,
however, there is a difference between the traffic generated by
development under the City's designation as compared to that
which could occur under the County LR-3 designation.
The applicant has submitted a traffic study for the proposed
amendment. This analysis is based on the figures included in
that study.
The number of trips which could be generated by the development
of the parcel under the County's FLUM designation is 348:
11.6 acres * 3 units/acre = 34.8 units
34.8 units * 10 ADT/unit = 348 ADT.
The maximum potential for traffic generation under the City's
designation is 973 ADT.
11.61 acres * 12 units/acre = 139.32 units
ADT = 139.32 units * 7 ADT/unit
ADT = 975
As indicated by the study, there is a potential net increase for
the site of 627 ADT. The traffic information submitted with the
current application addresses only the directly accessed link of
Military Trail, which has adequate capacity to serve any added
trips. Thus, a positive finding can be made with regard to the
FLUM amendment and initial zoning.
Per Palm Beach County Unified Land Development Code Section
7.9(I)(D)(2)(E), projects which generate 501-1000 ADT require
the submission of a full traffic study addressing the impact of
the development on all roadway links within a maximum radius 1
mile from the site at the time of Site and Development Plan
submittal. That study must address a roadway link beyond a 0.5
mile distance only if that link will receive trips from the
project in excess of 1% of the affected roadway's LOS "D"
volume.
P & Z Staff Report
Rockland Park - Annexation and Initial Zoning
Page 4
Palm Beach County 1993 traffic counts indicate that Lake Ida
Road between Barwick Road and Congress Avenue, Atlantic Avenue
west of Military Trail and Military Trail south of Atlantic
Avenue all exceed the maximum permissible trips to meet Level of
Service "D." No widening of these links is proposed at this
time. These links are all within the 1 mile radius of maximum
influence, but more than 0.5 mile from the subject property. In
.order for a positive finding of concurrency to be made at the
time of site and development plan submittal, the subm/tted
traffic study must demonstrate that the impact of the project
will be less than 1% of LOS "D" volume for these links.
Water:
Water is available to the site via an existing 12" water main
located on the east side of Military Trail. There are existing
road crossings stubbed out to the McGovern Lane right-of-way
(unimproved) an to Conklin Drive. The size of those stubs has
not been verified at this time. Verification will be required
at the time of development, as well as upgrades if the stubs are
smaller than the minimum 6" diameter. A looped 8" system for
the site and fire flow calculations will also be required at
that time.
Sewers
An existing lift station is located on the west side of Military
Trail, north of Conklin Drive. This lift station may have
enough capacity to service future development of the site with
multiple family residential at a density of 6-12 units per acre.
If not, upgrading of the lift station may be required.
Drainages
The site is currently vacant and therefore not subject to
drainage requirements. Submission of drainage plans meeting
City, South Florida Water Management District, and Lake Worth
Drainage District requirements will be required with the site
and development plan.
FIro/EMS~
The subject parcel is currently serviced by Palm Beach County
fire station %42, located on Hagan Ranch Road, approximately 3.2
miles away. Average response time from the station is 5
minutes, 30 seconds at 35 MPH.
Upon annexation service will be provided by Delray Beach fire
station #4, located at the northeast corner of Barwick Road and
Lake Ida Road. The station is approximately 0.9 mile from the
site for a response time of 1 minute, 54 seconds at 35 MPH.
The fire department has reviewed the annexation petition and
indicated that service can be provided to the subject property
P & Z Staff Report
Rockland Park - Annexation and Initial Zoning
Page 5
with installation of necessary on-site improvements (hydrants,
roads meeting minimum design standards, etc.) concurrent with
the development.
Police:
The subject parcel is currently serviced by Palm Beach County
Sheriff's Office, located at 345 S. Congress Avenue, which
serves the south County area. The property lies within the
Sheriff's office patrol zone 4. Zone four consists of an area
bounded by E1 Clair Ranch Road on the west, the Atlantic Ocean
on the east, Boynton Beach Boulevard on the north, and Atlantic
Avenue on the south. This area is patrolled by one officer per
shift. Additional response can be summoned from "cover cars"
which roam between zones in numbers which vary according to
availability.
The proposed annexation will not require additional manpower or
expansion of patrol areas as the site is located between areas
currently serviced by the Delray Beach Police Department.
Response times are currently 4 minutes for emergency calls and 6
minutes for non-emergency calls. These times represent an
improvement over the probable response times from the Sheriff's
Office and will not be increased by the annexation.
Solid Waste:
The property, if developed under County Jurisdiction, would
receive solid waste pick-up from County Sanitation. The City is
currently under contract with Waste Management, Inc. for
pick-up. The property would receive trash removal twice weekly,
plus recycling pick-up one a week from either provider. The
rate charged for service would increase from $129 per unit
annually to $172.76
In the preparation of the Delray Beach Comprehensive Plan, an
assessment of level of service and the provision of services
with regard to Solid Waste was undertaken. Thus, the act of
officially annexing the property and adopting the City's
advisory FLUM designation has no impact on Solid Waste Disposal
concurrency.
Parks:
As the property is currently vacant, no demand for parks is
generated by the property, upon annexation. Potential impacts
from the development of this property according to the proposed
FLUM were considered during the preparation of the City's
Comprehensive Plan. At that time the City determined that
existing parks, along with programmed improvements, were
sufficient to meet desired LOS for future development according
to the FLUM.
At the time of building permit issuance, parks and recreation
impact fees in the amount of $500 per unit will be assessed.
P & Z Staff Report
Rockland Park - Annexation and Initial Zoning
Page 6
Fiscal Impacts~
Impact on the Annexed ProDert¥: In the 1993 tax year the
property owners paid ad valorem taxes based on an assessed value
of $339,850. With the change from County jurisdiction to City,
the following rates will be affected:
Ad Valorem Taxes Millaqe With Annexation
Fire Rescue/MSTU -2.6201 Deleted
Library -0.3915 Deleted
City of Delray Beach +6.8600 Added
City of Delray Beach Debt +1.1400 Added
+4.9884 Difference *
· Total millage is 20.0772 in the County and 25.0656 in
the City
The increase in property taxes will be from approximately $6,824
to $8,519, an increase of approximately $1,695.
Additional charges, such as utility taxes, franchise fees,
stormwater assessments, etc. will be assessed once the property'
is developed.
Impact on the City Revenues/Expenses: At the 1993 City millage
rate of 6.86 mills and debt service millage of 1.14 mills the
property will generate revenues of approximately $2,719 in
yearly ad valorem taxes. As the site is vacant, no additional
charges will be assessed by the City.
While the City will realize little additional revenue from the
annexation, no additional costs will be generated by the vacant
parcel.
However, when the parcel is developed with multiple family
housing, significant revenues for the City will be generated.
Ad valorem tax revenues will increase proportionally to the
increase in the property's value with development. Additional
revenue to the City will be gained through collection of
stormwater assessments, landlord permit fees, utility taxes and
franchise fees.
Development of the parcel has the potential to add up to
approximately 302 people to the population of the City, based on
a maximum unit count of 139 and the City average of 2.17
residents per unit. The State disburses revenue from cigarette
taxes, state sales tax, State revenue sharing funds, etc. In
1993, these per capita reimbursements amounted to approximately
$90.38 per resident. Thus the City would gain up to $27,294.76
annually from per capita reimbursements when the parcel is
developed.
P & Z Staff Report
Rockland Park - Annexation and Initial Zoning
Page 7
Z ON I NG ANALY S I S~
REQUIRED FINDINGS:
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.
Pursuant to Land Development Regulations Section 3.1.1(A) all
land uses and structures must be allowed in the zoning district
and the zoning district must be consistent with the land use
designation. There are no structures currently existing on the
parcel. A zoning designation of RM (Multiple Family Residential
- Medium Density) will be assigned to the parcel upon
annexation. The proposed zoning is consistent with the proposed
Future Land Use Map designation of Medium Density Residential,
which is being processed as a separate application.
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 subject parcel is currently vacant. The maximum development
potential according to the current FLUM is 39 single family
dwelling units. The proposed FLUM designation and zoning would
permit a maximum of 139 multiple family dwelling units. As
described above, little demand for service capacity will be
generated immediately upon annexation and application of initial
zoning.
However, the potential for future service demands will be
increased by this action. Although positive findings can be
made at this time, reevaluation of concurrency requirements will
be necessary with the site and development plan for the
property.
Consistency: Compliance with the performance standards set
forth in Article 3.3.2 (Zoning), along with the required
findings of 2.4.5, shall be the basis upon which a finding of
overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in
the making of a finding of overall consistency.
Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
A) That rezoning to other than CF within stable residential
areas shall be denied. (Housing Element A-2.4)
As the current proposal is initial zoning of the parcel to
a designation consistent with the City's Future Land Map
designation, this standard is not applicable.
P & Z Staff Report
Rockland Park - Annexation and Initial Zoning
Page 8
D) 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 tho new uso.
The. subject property is adjacent to land zoned AR
(Agricultural Residential) and RS (Single Family
Residential) in Palm Beach County, as well as SAD (Special
Activities District) and BM (Multiple Family Residential -
Medium Density) in the City. The surrounding land uses are
single family and multiple family residences, a self
storage facility, a post office, and various commercial
uses. Multiple family development in this location will be
compatible with surrounding properties.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought.
As the petition is an initial zoning designation to a property
being annexed, this section does not apply.
A review of the goals, objectives and policies of the adopted
Comprehensive Plan was conducted and the following additional
Goals, Objectives, and policies relevant to this action were
found.
Conservation Element Policy B-2.1=
The submission of a biological survey and a habitat analysis
shall accompany land use requests for plan amendments,
rezonings, and site plan approval.
Conservation Element Policy B-2.2~
Whenever and wherever significant or sensitive flora and fauna
communities are identified pursuant to Policy B-2.1, they shall
be preserved as if they were environmentally sensitive areas as
identified in Objective B-1.
Conservation Element Policy B-2.5~
Whenever new development is proposed along a waterway, a canal,
an environmentally sensitive area, or an area identified
pursuant to Policy B-2.1, an area equivalent to at least 10% of
the total area of the development shall be set aside in an
undisturbed state or 25% of the native communities shall be
retained pursuant to TCRPC Policy 10.2.2.2.
P & Z Staff Report
Rockland Park - Annexation and Initial Zoning
Page 9
Although no biological survey or habitat analysis has been
submitted at this time, native habitat in the form of Slash
Pine and Saw Palmetto has been noted on the site.
Submission of the biological survey and habitat analysis
will be required with the site and development plan.
Provision to preserve native communities according to the
above. Policies will be required as a part of the site and
development plan.
Future Land Use Element Pol1¢¥ B-3.3a=
This policy requires consistency between County and City FLUM
designations within the Delray Beach Planning and Service Area.
The proposed FLUM amendment, along with a County FLUM amendment
being processed concurrently for the property achieves the
required consistency.
LDR Compliance=
As this is a vacant property and no development Is proposed with
this annexation and initial zoning action, review of the site
with regard to current development standards is not applicable.
REVIEW BY OTHERS:
The proposed Annexation and initial zoning is not in a
geographic area requiring review by either the HPB (Historic
Preservation Board), DDA (Downtown Development Authority) or the
CRA (Community Redevelopment Agency).
On June 29, Notice of the proposed annexation was sent to the
Palm Beach County Planning Division. To date no formal response
has been received.
Neighborhood Notices
Formal public notice has been provided to property owners within
a 500' radius of the subject property. A special certified
notice has been sent to the property owner of record.
Courtesy notices have been sent to the following individuals and
groups who have requested notification of petitions in that
area:
* Helen Coopersmith
Progressive Residents of Delray
*Jack Kellerman
High Point
* Art Jackel
United Property Owners
P & Z Staff Report
Rockland Park - Annexation and Initial Zoning
Page 10
Letters of objection, if any, will be presented at the P & Z
Board meeting.
ASSESSMENT AND CONCLUSIONS:
Annexation of this property and with an initial City zoning
designation of RM is consistent with the City's program for
annexation of territory in its Planning and Service Area. The
annexation is also consistent with the requirements of State
Statute 171. 044, regulating voluntary annexations.
The annexation will provide the property with Police, Fire, EMS
and other required services at a level equal to that of other
properties in the City with response times superior to those
currently provided by the County.
The property will experience an Increase tn taxes of
approximately $1,695 annually.
The City will receive additional revenue from property taxes of
approximately $2,719 a year, with a potential for significantly
Increased revenue with the development of the property. The
City will not have an increase tn expenses at this time.
Regarding the initial zoning, the proposed RM zoning is
appropriate for the location and consistent with the City's
current Medium Density Residential Future Land Use Map
designation. A FLUM amendment from the County LR-3 designation
to Medium Density is being processed concurrently, as a portion
of Comprehensive Plan Amendment 94-2. All required positive
findings can be made.
ALTERNATIVE ACTIONS:
A. Continue with direction.
B. Recommend approval of the proposed Annexation with
initial zoning of RM (Multiple Family Residential -
Medium Density) based on positive findings with
respect to Sections 3.3.1, 3.3.2, and 2.4.5(D)(1) and
the Comprehensive Plan, as well as the following
findings:
That the property Is contiguous, reasonably
compact and does not create an enclave; and
That services will be provided to the property in
a manner similar to other similar properties
within the City.
C. Recommend denial of the proposed annexation and
initial zoning of RM (Multiple Family Residential -
P & Z Staff Report
Rockland Park - Annexation and Initial Zoning
Page 11
Medium Density), based on a failure to make 9ositive
findings.
STAFF RECOMMENDATION:
By Motion.=
Recommend to the City Commission approval of an Annexation
request with initial zoning of RM (Multiple F~ily
Residential - Medium Density) for:
The south 420.01 feet of the south 1/2 of the NE 1/4
of the NE 1/4 of Section 14, Township 46 south, Range
42 east, less the Military Trail right-of-way~
A/K/A Lots 1-26 (less the easterly 34.02 feet SR 809
ROW), Block 3 and Lots 14-26 (less the easterly 34.02
feet SR 809 ROW), Block 2 Rockland Park, as recorded
in the Public Records Of Palm Beach County, Plat Book
24, Page 23~
based on positive findings with respect to Sections 3.3.1,
3.3.2, and 2.4.5(D)(1) and the Comprehensive Plan, as well
as the following findings:
That the property is contiguous, reasonably
compact and does not create an enclave~ and
That services will be provided to the property in
a manner similar to other similar properties
within the City.
Attachments =
* Location Map
Report prepared by : Je~ Perkinst Planner
II I
HIC-HPOINT WEST
SPENCE
PROPERTY
A AVENUE
-~1~ I.~ -
'CITY OF DELRAY BEACH. FLORIDA
NOTICE OF PUBLIC HEARING
~G will be held on the following proposed ordinances
at 7:00 P.M. (or at any continuation
of such meeting which is set by Commission), in the City
Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida,
at which time the City Commission will consider their adoption.
The proposed ordinances 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. Ail interested parties are invited to
attend and be heard with respect to the proposed ordinances.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PART OF ROCKLAND
PARK SUBDIVISION, LOCATED ON THE WEST SIDE OF MILITARY TRAIL
APPROXIMATELY 2,800 FEET NORTH OF ATLANTIC AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; ~ROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RL (LOW DENSITY
RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 62-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
KNOWN AS THE LEE PROPERTY, LOCATED WEST OF AND ADJACENT TO
KINGSLAND PINES SUBDIVISION ON THE WEST SIDE OF GALLAGHER ROAD, AS
MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1-A
(SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 63-94
AN ORDINAN~:'OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, P,~NING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM
DENSITY RESIDENTIAL) DISTRICT IN THE LI (LIGHT INDUSTRIAL)
DISTRICT; SAID LAND BEING LOCATED ON THE NORTH SIDE OF S.W. XOTH
STREET, BETWEEN S.W. 13TH AVENUE AND S.W. 15TH AVENUE; AND AMENDING
"ZONING DISTRICT MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 88-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, CORRECTING THE FUTURE LAND USE MAP DESIGNATION FROM LOW
DENSITY RESIDENTIAL TO TRANSITIONAL, AND CORRECTING THE ZONING
CLASSIFICATION FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO RO
(RESIDENTIAL OFFICE) DISTRICT, FOR A PARCEL OF LAND LOCATED AT 800
NORTH ANDREWS AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED
HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND CORRECTING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 93-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, CORRECTING THE FUTURE LAND USE MAP DESIGNATION FROM MEDIUM
DENSITY RESIDENTIAL TO TRANSITIONAL, AND CORRECTING THE ZONING
CLASSIFICATION FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO RO
(RESIDENTIAL OFFICE) DISTRICT, FOR A PARCEL OF LAND LOCATED AT 1201
GEORGE BUSH BOULEVARD, AS THE SAME IS MORE PARTICULARLY DESCRIBED
HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND CORRECTING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 94-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 94-2 PURSUANT TO THE
PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161
THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 94-2" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 91-94
AN ORDINANC~ OF' THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AM~ING TITLE XI, "BUSINESS REGULATIONS" OF THE CODE OF
I
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING
CHAPTER 112, "ALARM SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW
CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR THE REGULATION OF
ALARM SYSTEMS WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
- 2 -
ORDINANCE NO. 92-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER
RATES; CALCULATION OF SEWER SURCHARGE", TO PROVIDE FOR CORRECTIONS
IN THE CONNECTION FEE WHICH WAS INADVERTENTLY AMENDED BY PASSAGE
OF ORDINANCE NO. 22-94; TO PROVIDE FOR REPEAL OF SECTIONS
53.130(B), "CONNECTION CHARGE", AND SECTION 53.130(C), "EXCEPTIONS
TO CONNECTION CHARGE"; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
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
November 23, 1994 Alison MacGregor Harry
· City Clerk
- 3 -
CITY OF DELRAY BEACH. FLORIDA NOTICE OF ANNEXATION
ORDINANCE NO. 61-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PART OF ROCKLAND
PARK SUBDIVISION, LOCATED ON THE WEST SIDE OF MILITARY TRAIL
APPROXIMATELY 2,800 FEET NORTH OF ATLANTIC AVENUE, AS 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; PROVIDING FOR THE ZONING THEREOF TO RL
(LOW DENSITY RESIDENTIAL) 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. DECEMBER 6. 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
November 23, 1994 Alison MacGregor Harry
November 30, 1994 City Clerk
m-,,,:,:
:1 1 ,, Jf
Ill I l?l .... I~Lll I i ':.J,l~
Iq ANN~ATION and
~ F'UTUR£ LAND U$£ MAP AMENDMENT
INSTRUCTIONS TO NEWSPAPER:
This ad is to be run as a display ad in the legal/classified
section. The map should not be reduced any more than what
is provided so that it, hopefully, will be somewhat legible.
Thank you.
· -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. DECEMBER 6. 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. Ail interested parties are invited to
attend and be heard with respect to the proposed ordinance.
ORDINANCE NO. 61-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PART OF ROCKLAND PARK SUBDIVISION, LOCATED
ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY
2,800 FEET NORTH OF ATLANTIC AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
REDEFINING THE B6UNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RL
(LOW DENSITY RESIDENTIAL) DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Andre Baldanza, Richard Baldanza, Jessica Olmsted,
Philip Polizzotto, and Marie Salanitri are the fee-simple owners of a
part of Rockland park Subdivision, as the same is more particularly
described herein; and
WHEREAS, Carl A. Podesta, Esquire, as duly authorized agent
for the fee-simple owners as hereinabove named, has requested by
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; an~
WHEREAS, the designation of a zoning classification is part
of the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes.
NOW,' THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~_~ 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:
Lots 14 through 26, inclusive, Block 2 (less the
easterly 33.41 feet thereof for right-of-way for SR
809), and Lots 1 through 26, inclusive, Block 3 (less
the easterly 34.02 feet thereof for right-of-way for
SR 809), ROCKLAND PARK, according to the Plat thereof
recorded in Plat Book 24, Page 23, of the Public
Records of Palm Beach County, Florida;
TOGETHER WITH the unimproved 50 ft. road right-of-way
for Mazza Drive, and the unimproved 25 ft. road
right-of-way (McGovern Lane) directly adjacent to the
south of Lots 14 through 26, inclusive, Block 3, and
the unimproved 25 ft. road right-of-way lying west of
and adjacent to Lot 14, Block 2, Mazza Drive road
right-of-way, Lots 13 and 14, Block 3, and McGovern
Lane road right-of-way, all lying within the Plat of
ROCKLAND PARK, as recorded in Plat Book 24, Page 23,
of the Public Records of Palm Beach County, Florida.
The subject property is located on the west side of
Military Trail, approximately 2,800 feet north of
Atlantic Avenue; containing 11.63 acres, more or
less.
~ That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
parcels and said land is hereby declared to be within the corporate
limits of the City of Delray Beach, Florida.
~ That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the parcels hereinabove described
are hereby ~eclared to be in Zoning District RL (Low Density
Residential~ a~ defined by existing ordinances of the City of Delray
Beach.
~ 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.
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~ 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 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ 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.
~ That this ordinance shall become effective
immediately upon passage on second and final reading.
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 ~erson 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
November 23, 1994 Alison MacGregor Harty
City Clerk
Instructions to Newspaper:
This is a standard legal advertisement to be published in the
legal/classified section of the newspaper. There are no special
requirements. Thank you.
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