62-94 OF .ELRn',' nI:H
Ali. America City
~ ORB ~55~ P9 882
I II I I I Ilil I I I I I II Iii III
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. 62-94,
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 MacGreg0-r ~ar~y - '
.. City Clerk
,. · :'~ ~ .~'~ City of Delray Beach
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
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 EXISTIN~ 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.
WHEREAS, Saten K. Lee is the fee-simple owner of a parcel of
land as more particularly described herein; and
WHEREAS, Roger G. Saberson, as duly authorized agent for the
fee-simple owner 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:
The South Three Quarters (S 3/4) (E
of
the
East
Half
1/2) of the Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4) of Section 13, Township 46
South, Range 42 East, Delray Beach, Palm Beach
County, Florida.
The subject property is located west of and adjacent
to Kingsland Pines Subdivision on the west sade of
Gallagher Road; containing 16.15 acres, more or less.
~ That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
parcel 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 parcel hereinabove described
is hereby declared to be in Zoning District R-1-A (Single Family
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,
the Stormwater Assessment levied the
including
Management
by
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.
~ 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
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.
- 2 - Ord. No. 62-94
~ 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 Low Density 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:
' City C~erk '
First Reading August 16, 1994
Second Reading December 6, 1994
- 3 - Ord. No. 62-94
I I I
N. Ir. ~1~ ST.
oFCCP- {~ ~ ~'~
HIGHPOINT WEST I~ ~.
SPENCE
PROPERTY
-- - a. , A T L A N TI C A V E N U E
LEE ANNEXATION
ORB 855/* 887
Property Control Number: 00-42-46-13-00-000-3060
Acreage: 703,308 sq.ft, or 16.15 acres
Taxable Value: $192,041 with Agricultural Exemption of $450,000
and Homestead Exemption of $25,000
Total Property Value without exemptions: $667,041
Projected Population Increase: 1 unit - City average 2 persons
Owners Address: Property Address:
Satten Lee Satten Lee
14473 Gallagher Road 14473 Gallagher Road
Delray Beach, Florida 33445 Delray Beach, Florida 33445
County Land Use designation: MR-5 Medium Residential 5 units
to the acre
City Land Use desiqnation: Low Density Residential 5 units
to the acre
City Zoning designation: R-lA Single Family residential
Current Use of the property: Single Family home and
Agricultural use
t:leebrief
FLORIDA DEPARTMENT OF STATE
Jim Smith, Secretary of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
Tallahassee, Florida 323994}250
(904)
December 21, 1994
Ms. Alison MacGregor Harry
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
CITY I]F OELRnV nCH
,.~,,,o~:,?~?~ CITY CLERK I./;,oo..~..~v,.~ · o~.~,~¥.~c..~o~,o~ · ~o~,~.~ooo
III1~
I Illi·lllllllllll.'dllil
CERTIFICATION
I, ALISON MacGREGOR ~IARTY, City Clerk of the City
of Delray Beach, Florida, do hereby certify that the
attached is a true and correct copy of Ordinance No. 62-94,
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 MaCGregOr ~ar~y
City Clerk
~ - ,:'~ ~ , ,; .... " City of Delray Beach
THE EFFORT ALWAYS MATTERS
ORB 8554. Pe
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 HEI~EIN, 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.
WHEREAS, Saten K. Lee is the fee-simple owner of a parcel of
land as more particularly described herein; and
WHEREAS, Roger G. Saberson, as duly authorized agent for the
fee-simple owner 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 par~
of the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing ~he
proposed zoning designation; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of ~he
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 locate~ in Palm Beach County, Florida, wh=ch
lies contiguous to said City to-wit:
=~. south Three Quarters (S 3/4) of the East Half (E
1/2) of the Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4) of Section 13, Township 46
South, Range 42 East, Delray Beach, Palm Beach
County, Florida.
The subject property is located west of and adjacent
to Kinqsland Pines Subdivision on the wes= side of
Gallagher Road; containing 16.15 acres, more or less.
~ That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
parcel and said land is hereby declared to be within the corporate
limits of the City of Delra¥ 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 parcel hereinabove described
is hereby declared to be in Zoning District R-1-A (Single Family
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.
~ 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 =has
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.
- 2 - Ord. No. 62-94
855/, 885
~ 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 Low Density 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:
- ' City C~erk '
First Reading August 16, 1994
Second Reading December 6, 1994
- 3 - Ord. No. 62-94
~;~4 P~
I
HI(~IPOIN T WIST
SPENC£
PROPERTY
ANNEXATION BRIEF FOR THE LEE PROPERTY
Property Control Number: 00-42-46-13-00-000-3060
Acreaqe: 703,308 sq.ft, or 16.15 acres
Taxable Value: $192,041 with Agricultural Exemption of $450,000
and Homestead Exemption of $25,000
Total Property Value without exemptions: $667,041
Projected Population Increase: i unit - City average 2 persons
Owners Address: Property Address:
Satten Lee Satten Lee
14473 Gallagher Road 14473 Gallagher Road
Delray Beach, Florida 33445 Delray Beach, Florida 33445
County Land Use designation: MR-5 Medium Residential 5 units
to the acre
City Land Use designation: Low Density Residential 5 units
to the acre
City Zoninq desiqnation: R-lA Single Family residential
Current Use of the property: Single Family home and
Agricultural use
t:leebrief
P~
ORB
.
SPEHClC
PROPF.,RI~
ATLANTIC A
ANNEXATION BRIEF FOR THE LEE PROPERTY
Property Control Number: 00-42-46-13-00-000-3060
Acreaqe: 703,308 sq.ft, or 16.15 acres
Taxable Value: $192,041 with Agricultural Exemption of $450,000
and Homestead Exemption of $25,000
Total Property Value without exemptions: $667,041
Projected Population Increase: 1 unit - City average 2 persons
Owners Address: Property Address:
Satten Lee Satten Lee
14473 Gallagher Road 14473 Gallagher Road
Delray Beach, Florida 33445 Delray Beach, Florida 33445
County Land Use designation: MR-5 Medium Residential 5 units
to the acre
City Land Use desiqnation: Low Density Residential 5 units
to the acre
City Zoninq desiqnation: R-lA Single Family residential
Current Use of the property: Single Family home and
Agricultural use
t:leebrief
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i ! x Ii !iil
.. . .~ , : , ATLANTIC AVENUE
N LEE ~NmTION ~
.~--~ F~URE ~ND USE M~ AMENDME~
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.
WHEREAS, Saten K. Lee is the fee-simple owner of a parcel of
land as more particularly described herein; and
WHEREAS, Roger G. Saberson, as duly authorized agent for the
fee-simple owner 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, tho 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:
The South Three Quarters (S 3/4) of the East Half (E
1/2) of the Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4) of Section 13, Township 46
South, Range 42 East, Delray Beach, Palm Beach
County, Florida.
The subject property is located west of and adjacent
to Kingsland Pines Subdivision on the west side of
Gallagher Road; containing 16.15 acres, more or less.
~ That the boundaries of the City of Delray Beach.,
Florida, are hereby redefined to include therein the above-described
parcel 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 parcel hereinabove described
is hereby declared to be in Zoning District R-1-A (Single Family
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.
~ 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.
- 2 - Ord. No. 62-94
~_~¢_tJ~Q~--~_~ 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 Low Density 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:
ui~y CNerK '
First Reading August 16, 1994
Second Reading December 6, 1994
- 3 - Ord. No. 62-94
HIGHPOINT WEST e,u~'tt sr.
SPENCE
PROPERTY
N
~ - LEE ANNEXATION
C11'~ OF 13~q,.RA¥ BE, AC,N, FL
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT:
DATE: DECEMBER 2, 1994
This is second reading and public hearing for Ordinance No. 62-94
which annexes a 16.15 acre parcel of land known as the Lee
property, and establishes initial zoning of R-1-A (Single Family
Residential) District. The subject property is located north of
Atlantic Avenue on the west side of Gallagher Road, west of and
adjacent to Kingsland Pines subdivision.
The associated Future Land Use Map (FLUM) amendment to change the
land use designation from County MR-5 (Medium Density Residential)
to City Low Density is a part of Comprehensive Plan Amendment 94-2
to be enacted upon adoption of Ordinance No. 94-94.
The Planning and Zoning Board formally reviewed this matter at
public hearing on July 20, 1994, and voted unanimously to recommend
that the annexation, FLUM amendment and initial zoning be approved.
At first reading on August 16, 1994, the City Commission voted
unanimously to pass Ordinance No. 62-94. At both meetings, there
were some objections from neighboring property owners related to
the proposed development of the site as an adult day care center
for Alzheimer patients. Both the Planning and Zoning Board and the
Commission acknowledged these concerns as valid with respect to the
future conditional use request. However, they were not relevant to
the annexation, land use amendment or zoning issues.
Recommend approval of Ordinance No. 62-94 on second and final
reading.
ref:agmemol6
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /~ ~ - MEETING OF AUGUST 16, 1994
ORDINANCE NO. 62-94
DATE: AUGUST 12, 1994
This is first reading for Ordinance No. 62-94 annexing and
establishing initial zoning of R-1-A (Single Family Residential)
for the Lee property. This parcel contains approximately 16
acres and is located on the west side of Gallagher Road, north of
Atlantic Avenue and west of Barwick Road.
Accompanying the annexation and initial zoning request is a
Future Land Use Map (FLUM) change from County MR-5 (Medium
Density Residential) to City Low Density. The amendment was
reviewed by the Commission on August 2, 1994 and transmitted to
the Department of Community Affairs (DCA).
At the Planning and Zoning Board meeting of July 20, 1994, there
were some objections from neighboring property owners related to
potential future development of the site as an adult day care
center for Alzheimer patients. The Board acknowledged that while
these concerns were relevant to the future Conditional Use
request, they were not relevant to the annexation, FLUM amendment
or the initial zoning.
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 No. 62-94
annexing the Lee property with initial zoning of R-1-A (Single
Family Residential).
CITY COMMI S S I ON DOCUMENTAT I ON
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~E~DIRECTOR
DEPARTMENT .OF IALA~NING AND ZONING
FROM: PAUL DORLING,~NCIPAL PLANNER
SUBJECT: MEETING OF AUGUST 16, 1994
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance annexing and
applying an initial zoning designation of R-lA for the Lee
property.
The subject property is approximately 16 acres and located
along Gallager Drive, north of Atlantic Avenue and west of
Barwick Road.
BACKGROUND:
The parcel is within the City's planning area, which corresponds
with the future annexation and utility service areas. This
requested annexation is consistent with Policy B-3.4, of the
City's Future Land Use Element which calls for the annexation of
eligible properties. The property is shown within the
"designated annexation area" #4, east of Military Trail, north
and south of Atlantic Avenue.
The property is developed with a single family home, two small
horse stables and a mobile home. It has been utilized for many
years as a horse farm with a portion devoted to a citrus grove.
Access to the site is limited to the residential streets to the
east of the site within the Franwood or Kingsland Pines
subdivisions. These subdivisions are currently in
unincorporated Palm Beach County.
Accompanying the Annexation and initial zoning request is a
Future Land Use Map change from County MR-5 (Medium Density
Residential) to City Low Density. The amendment was reviewed by
City Commission on August 2, 1994 and transmitted to DCA. If the
annexation and initial zoning are approved on first reading the
second reading would not occur until City Commission considers
the Future Land Use Map amendment (94-2) sometime in December,
1994.
After annexation the applicant will seek a Conditional Use
approval to establish an Adult Day Care Facility for Alzheimer
patients.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
public hearing on July 20, 1994. The Annexation and initial
zoning to R-lA was considered concurrently with a FLUM amendment
from MR-5 (County) to Low Density (City).
At the public hearing five members of the public from the
adjacent neighborhood and the property to the north (Rossacker
property) spoke in opposition. The opposition was based on
several factors including concerns over increase in traffic
intensity, site access, implications with respect to potential
annexations of adjacent properties and a decrease in property
values. These concerns and comments related to potential
future development of the site as a adult day care center.
After discussion the Planning and Zoning Board acknowledged that
while these concerns may be relevant to the future Conditional
Use request they are not relevant to the annexation, FLUM
amendment or the initial zoning currently before the Board.
The Board unanimously recommended approval of the annexation,
FLUM and initial zoning request on a 7-0 vote.
RECOMMENDED ACTION:
By motion, approve on first reading the annexation and initial
zoning of R-lA for the Lee property.
Attachment:
* Planning and Zoning staff report
* Location Map
* Ordinance by others
t:lee
PLANNING AND ZONING BOARD
CITY OF DELR~Y BEACH --- SI^FF REPORT---
MEETING DATE: July 18, 1994
AGENDA ITEM: V.E.
ITEM: Annexation & Initial Zoning for the Lee Property.
GENERAL DATA:
Appl 1cant ................
Agent .................... Roger G. Saberson
Location ................. ~est of and adjacent to
Property Size ............ 16.15 Acres.
Pro~eed Ct~y ~nd Use
Plan Designation ......... ~w DensLty Residential
(0-5 units/acre)
cu=~.~ cou.~ ~o.~n~ .... ~ ~cu~u~,~
P~oposed City Zoning R- I-A (S,nqle F.tly .....Reslde.t iai )
~dJacent Zoning.. North: ~
Resldentlal) - P~
Southt ~ (Planned Co~erctal)
West: ~ and A (Agricultural)
Existing ~nd Uses ....... Ex~st~ng single family
residence and associated
agricultural buildings.
Proposal ................. Annexation of the parcel
with initial zoning
designation of R-1-A.
Water Se~tce ............ Nearest City water service
Sewer Service. .A septic system exists
O.-S~tO, Nearest C~ty
sewer se~ce Is via a 8"
sewer main serving
End Plaza.
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation on
a voluntary annexation (pursuant to Florida Statue 171.044) with
initial City zoning of R-lA (Single Family).
LDR SectiOns 2.4.5(C) & (D) provide the rules and procedures for
the processing of this petition.
The subject property is 16.15 acres and located on the west side
of Gallager Road, located north of Atlantic Avenue and west of
Barwick Road.
BACKGROUND:
The subject parcel is within the City's future annexation area
and City's utility service area. The city has placed advisory
Land Use designations on County parcels with the planning and
utility service area. Prior to 1989 this parcel was given an
ART (Agricultural Residential Transitional) advisory land use
designation. In 1989, with the adoption of the new Future Land
Use Map the parcel was given a Low Density ( 0-5 units per acre)
designation. The applicant is now seeking annexation into the
City, a land use change from the County designation MR-5 to the
City's advisory designation LD (Low Density) and an initial
zoning designation of R-1-A.
PROJECT DESCRIPTION:
The Future Land Use Map (FLUM) designation and the annexation/
initial zoning items are being processed separately. This
report deals only with the subject of annexation and initial
City zoning.
The 16.15 acre site currently has four structures on it, a
single family home, two stables and a mobile home.
The applicant wishes to annex into the City and seek an R-1-A
zoning designation. At a later time the applicant intends to
seek a conditional use approval to establish a adult day care
for Alzheimer patients.
ANNEXATION ANALYSIS:
Florida Statutes Governing Annexations:
Pursuant to Florida Statue 171.044 "the owner or owners of real
property in an incorporated area of a county which is contiguous
to a municipality and reasonably compact may petition the
governing body of said municipality that said property be
annexed to the municipality". Pursuant to F.S. 171.044 (5)
"land shall not be annexed through voluntary annexation when
such annexation results in the creation of Enclaves".
P&Z Staff Report
Annexation & Initial Zoning Lee Property
Page 9_
* The owner of the subject property has petitioned for a
voluntary annexation.
* The property is contiguous with the City, reasonably
compact, and its annexation will not create an enclave.
The parcel is contiguous via the a single family parcel to
the west immediately behind the Trails End Plaza, and via
the shopping plaza at the northeast corner of the Military
Trail and Atlantic Avenue.
An "Enclave" is defined by Florida Statute 171.031 as:
Any unincorporated improved or developed area that ts
enclosed within and bounded by a single municipality
and a natural or man made obstacle that allows the
passage of vehicular traffic to that unincorporated
area only through the municipality."
Vehicular access to the subject property is not available
from the west, where established commercial uses and single
family homes exist. Therefore the subject property and all
the unincorporated County parcels east of the subject
property are by definition an existing enclave.
Annexation of the subject property will result in a
reduction of this existing enclave.
The City's current Future Land Use Map designation for the
parcel is "Low Density 0-5 units per acre", while the County
Land Use Designation is "MR-5 - Medium Residential 5 units per
acre". The applicant is seeking a change from the County MR-5
designation to the City Low Density 0-5 units per acre. The
subject of the designation on the Future Land Use Map is
addressed in a separate report.
The City's FLUM designation will become effective upon
annexation and completion of City Plan Amendment 94-2.
Consistency With the City's Comprehensive Plan~
Desiqnated Annexation Area: This requested annexation is
consistent with Policy B-3.4, of the City's Future Land Use
Element which calls for the annexation of eligible properties.
The property is shown within the "designated annexation area"
#4, east of Military Trail, north and south of Atlantic Avenue.
Provision of Services: When annexation of property occurs,
services are to be provided in a manner which is consistent with
services provided to other similar properties already in the
City (Future Land Use Policy B-3.1). The following is a
discussion of required services and potential provision levels.
P&Z Staff Report
Annexation & Initial Zoning Lee Property
Page 3
Police: This property is currently serviced by the Palm Beach
County Sheriff's Office, located at 345 South Congress, which
serves the South County area. The property lies within Sheriff
patrol zone 4. Zone 4 is bordered by E1 Clair Ranch Road on the
west, the Atlantic Ocean on the east, Boynton Beach on the
north, and Atlantic Avenue to the south. One officer is
assigned to a particular zone during a shift (three shifts per
day). Additional response can be mustered from "Cover Cars"
which roam throughout zones randomly, depending on their
availability in South County during that time.
The City of Delray Beach's Police Department has more manpower
to respond in this area; as a consequence, significantly
improved response time should be realized. Annexation will not
require additional manpower, as the police currently patrol the
surrounding areas within the City boundaries.
Fire and Emergency Services: The annexation of this property
will not require additional manpower. The municipal area is
served by Fire Station No. 4 (Barwick & Lake Ida Roads).
With annexation, the property will receive an improvement in
response time from the current 6 minutes of the County Fire
Department (Indian Springs/Military Trail & Woolbrtght Road) to
approximately 2.5 minutes for the City's Fire Department (Fire
Station No. 4 at Barwick and Lake Ida Roads).
Water: Municipal water service does not currently exist to the
site. Water mains exist to the east (12" main in Barwick Road)
and to the west (in the Trails End Plaza). Future development
of the property will require extension of the water main
(minimum 8") from Barwick Road to the site. Looping of the
mains for system integrity north or to the southwest to existing
mains in Barrett Street or the Trails End Plaza may be required
to accommodate on-site development. Fire hydrants placed a
maximum spacing of 500' apart will be required along the new
main.
Sewer: The existing single family use utilizes a septic field.
The nearest sewer to the site ts located in Barwtck Road and
Franwood Drive. Development of the site will require
construction of a sewer main west from Barwtck Road to the site.
Streets and Traffic: The property has access via existing 20'
wide neighborhood streets within 60' rights-of-way. The impact
of traffic for any non residential use on the street system is a
concern. The applicant has submitted a traffic study addressing
the traffic under the current Agricultural county zoning
district, development under R-lA zoning (approx. 5 units per
acre) and under the proposed use of adult care facility.
Under the existing Agricultural zoning designation the site is
expected to generate approximately 40 daily trips. Development
as a single family subdivision would generate approximately
800 daily trips. The applicant has also provided traffic
generation numbers (171 daily trips) for the adult day care use
which will be applied for at a later time. No negative impacts
are noted at this time.
P&Z Staff Report
Annexation & Initial Zoning Lee Property
Page 4
Per Palm Beach County Unified Land Development Code Section
7.9(I)(D)(2)(E), projects which generate between 500 and 1000
ADT require submittal of a full traffic study addressing the
impact of development on all roadway links within a maximum
radius of one mile from the site. Development of single family
homes would require a study addressing the above radii while
'development of an adult day care center at the proposed scale
would not. Under either development scenario a finding of
traffic concurrency can be made on the effected roadways.
Parks: The current use of the property as a single family unit
creates little demand on parks. If the property is developed as
single family homes the potential 80 new homes would impact the
park system. However, this impact was factored in and
accommodated when the advisory land use designations of Low
Density was applied to the property during the Comprehensive
plan adoption process.
Future development of the parcel with residential units will
require compliance with the City's regulations for payment of an
in-lieu parks fee. Currently that fee is established at $500
per residential unit. [Ref: LDR Section 5.3.2.(C)(1)]
Solid Waste: As there is no change in actual land use and there
is no change in destination landfill, there is no impact on
solid waste disposal. The provider of the service will remain
the same, as described later in this report.
Fiscal Impacts~
Affect upon the annexed property: For the 1993 tax year the Lee
property had an assessed value of $642,591. An Agricul~ural
exemption has been granted for the property of $450,000, along
with a homestead exemption of $25,000. After the above
exemptions the current taxable value of the property is
$167,591.
With the change from County to City Jurisdiction, the following
taxes and rates will be affected:
Ad Valorem Taxes Millage With Annexation
Fire/Rescue MSTU 2.6201 Deleted (County)
Library .3915 Deleted (County)
City Of Delray Beach 6.8600 Added (City)
City of Delray Beach Debt 1.1400 Added (City)
4.9884 Difference*
* Total tax millage in the County is 20.0772 mills while in
the City the total millage rate is 25.0656 mills.
P&Z Staff Report
Annexation & Initial Zoning Lee Property
Page 5
The Lee property will have an increase in taxes from
approximately $3,364.75 to $4,200 a year (an increase of
approximately $835.25). This will increase to $4,827.41
(increase of $1,462.66) upon removal of the homestead exemption
and $16,106.93 (increase of $12,742.18) upon removal of the
agricultural exemption. However, the proposed Adult Day Care
facility will be administered by the Malta Senior Center Inc.
which is affiliated with the Catholic Church and will carry a
Tax Exempt status.
In addition to property taxes, the following Non Ad Valorem
fiscal impositions apply.
Delray Beach Storm Water Ut£1~ty - This equates to $27.00 a
year based upon the combined impervious area for the existing
single family structure and horse stables. This assessment will
increase with future development based on the percentage of
impervious area of the buildings and parking areas. A 25%
discount from the assessment is available as the site is within
the Lake Worth Drainage District and an additional 25% discount
may be available if on site drainage retention is provided.
Solid Waste Authority - The Military Trail area is currently
serviced by County Sanitation, which is under a five year
contract that runs from October 1, 1993 through September 30,
1998. The City's contract is currently through Waste
Management, Inc. Pursuant to Florida Statute 171.062 (4)(a) "if
a party has an exclusive franchise which is in effect for at
least six months prior to the initiation of an annexation, the
franchisee may continue to provide such services to the annexed
area for five years or the remainder of the franchise term
whichever is shorter". As the annexation was not initiated
within the six month time period, the waste service provider
will not change with the annexation.
Occupational Llcence Fees -
Upon annexation the existing single family/farm use and
potential single family residential units will not require
occupational licences. If the proposed conditional use approval
is granted occupational fees will be required based upon the
type of Uses.
Water/Sewer Rates - The Lee property is not currently served by
municipal water. Typically, properties not located within the
City that receive City water and sewer service are assessed an
Out-of-City surcharge. Under that scenario annexation of
properties receiving municipal water would see a 25% reduction
in sewer and water rates.
P&Z Staff Report
Annexation & Initial Zoning Lee Property
Page 6
Resulting Impacts to Property Owners:
SUMMARY OF IMPACT ON THE LEE PROPERTY
FINANCIAL CONSIDERATIONS~
AD VALOREM TAXES
(Change from 93/94 county of 20.07?2
to City 93/94 rate 25.0656 mills.(4.9884)
without homestead with agricultural exemp $1,462.66
NON AD VALOREM
Stormwater Assessment +$ 27.00
Solid Waste Collection NA
WATER & SEWER UTILITY FEES $ .00
Does not receive city water or sewer
OCCUPATIONAL LICENSE FEES NA
ANNUAL FINANCIAL IMPACTs +$ 1,489.66
NA - Data not available
Effect Upon City Revenues/Expenses= At the 1993 City millage
rate of 6.86 mills and debt rate of 1.14 mills, the Lee property
will provide $1,149.67 and $191.05 respectively in new Ad
Valorem taxes to the City per year. This is a total property
tax increase of $1,340.72 a year. Without homestead exemption
the property would provide $1321.17 and $219.55 (total of
$1540.72) and without the agricultural exemption would provide
$4,408.17 and $732.55 (total of $5,140.72) additional taxes per
year. With development as an Adult Day Care center under Malta
Senior Center Inc. the City would receive no tax revenue from
this property.
Additional revenues will be realized through the annual
collection of the stormwater assessment fee ($27.00 currently)
as well any occupational license fees, utility taxes (8.5%
electric, 7% telephone) and franchise fees on electric,
telephone, and cable with future development.
The current single family home will generate approximately
$180.60 in per capita reimbursements. With future development
of the site as an adult day care use no per capita
reimbursements will be realized. However, if the site were to
be developed with 80 single family homes a per capita
reimbursement of approximately $90.28 per person or $17,631.68 a
year (2.17 persons X 80 = 195' $90.28= $17,631.68). The major
sources of per capita revenue are sales tax, cigarette tax and
state revenue sharing.
While the City will not receive any substantial revenue from
this annexa%[on, it will not incur significant demand for the
provision of services.
P&Z Staff Report
Annexation & Initial Zoning Lee Property
Page ?
TABLE D
COMBINED FINANCIAL IMPLICATIONS TO THE CITY
GENERAL FUND
AD VALOREM TAXES +$ 1,540.72
PER CAP REIMBURSEMENTS: $180.60
UTILITY TAXES:
Electric (1): + $78.00
Natural gas (2): .00
Phone (3): + $ 3.00
FRANCHISE FEES:
Electric (4): +$55.06
Phone (5): +$21.00
Natural Gas (6): .00
Cable (7): .00
OCCUPATIONAL LICENCE FEE ~
+$ .00
STORMWATER ASSESSMENT UTILITY FUND
ASSESSMENTS~
Stormwater Assessment +$ 27.00
SEWER AND WATER UTILITY FUND
UTILITY SERVICE FEES~
Water Utilities .00
Sewer Utilities .00
ANNUAL TOTAL: +$ 1,905.38
NA - Data not available
(1) Electric Utility Tax based on 8.5% residential FPL
average annual bill $917.74
(2) Natural Gas Utility Tax based on 8.5 % of Gas bill
(3) Phone Utility Tax based on 7% of phone bills - based on
average residential bill $25.00 a mouth
(4) Electric Franchise fees based on 6% of FPL bills
(5) Phone Franchise fee based on 1% of phone bill
(6) Natural Gas Franchise fees are based on 5% of gas bill
(7) Cable Franchise Fees are based on 3% of cable bill
P&Z Staff Report
Annexation & Initial Zoning Lee Property
Page 8
ZONING ANALYSIS:
The proposed City zoning is "R-lA" Single Family Residential and
the current County zoning designation is AR (Agricultural
Residential).
The surrounding zoning designations are: County RS to the east,
City AR (Agricultural) and County RS to the west, City RM to the
north, and PC to the south. Upon annexation only the City
Zoning designation is applicable.
R E Q U I R E D F I N D I N G St (CHAPTER 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may
be achieved through information on the application, the Staff
Report or Minutes. Findings shall be made by the body which has
the authority to approve or deny the development application.
These findings relate to the following four areas:
Future Land Use Map~ The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The proposed R-1-A zoning district is consistent with the
underlying Low Density advisory Land Use Map designation
and the Low Density Land Use designation being sought in
the related Land Use Map amendment request.
Adult Day Care facilities are allowed as a conditional use
within the R-1-A zoning district.
Concurrency~ Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
The proposal involves the annexation of an existing single
family home and horse stables.At the time of annexation
there will be no change in the manner in which water,
sewer, drainage, and street/traffic services are provided.
Fire, Police, EMS, and Solid Waste services will shift to a
different provider; however, all these services will be
equal to or enhanced (see annexation analysis for details).
Compliance with Land Development Regulationsl
The existing single family use is in compliance
(conforming) with the proposed zoning of R-1-A. The
agricultural components of the use i.e. horse stables would
become non conforming as they are more appropriately
located within the "Agricultural" zoning designation. Any
future modifications i.e. establishment of an Adult Day
Care facility will be required to comply with all Land
Development Regulations.
P&Z Staff Report
Annexation & Initial Zoning Lee Property
Page 9
Consistency: Compliance with the performance standards set
forth in Section 3.3.2 (Zoning), along with the required
findings in Section 2.4.5, shall be the basis upon which a
finding of overall consistency is to be made. Other objectives
and policies found in the adopted Comprehensive Plan may be used
in making' of a finding of overall consistency. The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows~
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within stable residential areas shall be
denied.
This property is designated vacant residential on the
Residential Neighborhood Categorization Map. The
property to the east is noted as stable residential.
The application of a residential zoning designation on
this property is consistent with this performance
standard.
B) Performance Standard 3.3.2(D) states~ That the rezone
shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing
and proposed} or that £f an incompatibility may occur, that
suffic~ent regulations exist to properly mitigate adverse
impacts from the new use.
The initial zoning designation will accommodate a
single family residential use as a permitted use. The
zoning district also allows certain uses including
Adult Day Care upon approval of a Conditional Use
request. The compatibility of the single family uses
with adjacent properties is clear while the
compatibility of any conditional use is more
appropriately addressed with the review of the actual
request.
Pursuant to Section 2.4.5(D)(1), a Justification statement
providing the reason for which the change is being sought must
accompany all rezoning requests. The Code further identifies
certain valid reasons for approving the change being sought.
As this petition is an initial zoning designation to be
assigned to property being annexed and the zoning is
essentially the same as exists under current County
regulations, the above section does not apply.
REVIEW BY OTHERS:
The annexation 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).
P&Z Staff Report
Annexation & Initial Zoning Lee Property
Page 10
On June 5, 1994 the Palm Beach County Planning Division was
notified of the City's intent to annex this property. To date a
response has not been received.
Courtesy notices were sent to:
* Art Jackel (United Property Owners)
* Helen Coopersmith (PROD),
ASSESSMENT AND CONCLUSIONS=
Accommodating the annexation of the Lee property and affixing
initial City zoning of R-1-A "Single Family Residential" is
consistent with the City's program for annexation of territory
within its planning and service area. There appear to be no
adverse implications of this annexation and zoning
consideration. By accommodating the annexation at this point in
time, both the City and the property owner will be able to more
efficiently process any future development proposal.
ALTERNATIVES:
A. Continue with direction.
B. Recommend approval of the annexation request with an
initial zoning designation of R-1-A (Single Family
Residential).
C. Recommend denial of the Annexation petition with reasons
stated i.e. a failure to make appropriate findings.
STAFF RECOMMENDATION:
By motion:
Recommend approval of the Annexation request with an
initial zoning designation of R-1-A (Single Family
Residential) based upon positive findings with respect to
Section 3.1.1, Section 3.3.2, Section 2.4.5 (D)(1) and
policies of the Comprehensive Plan and upon the following
findings:
That the property is contiguous, reasonably compact
and does not create an enclave.
That services will be provided to the property in a
manner similar to other similar properties within the
City.
Report prepared by: Paul Dorling, Principal Planner
~CIT¥ OF DELRAY BEACH, FLORIDA
NOTICE OF PUBLIC HEARING
A ~ 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.
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; RROVIDING 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.
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 ORDINANC~ OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, RB~ONING 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. 10TH
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 GENERA%
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 ORDINAN~ OP' THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMHNDING TITLE XI, "BUSINESS REGULATIONS", OF THE CODE OF
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 wall 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
QRDINANCE 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 THE 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.
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 DELP~AY BEACH
November 23, 1994 Alison MacGregor Harty
November 30, 1994 City Clerk
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.
Thank you.
CITY OF DELRAY BEACH. FLORIDA NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on the following proposed ordinance
at 7:00 P.M. on TUESDAY, 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. All interested parties are invited to
attend and be heard with respect to the proposed ordinance.
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.
WHEREAS, Saten K. Lee is the fee-simple owner of a
parcel of land as more particularly described herein; and
WHEREAS, Roger G. Saberson, as duly authorized agent
for the fee-simple owner 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:
$~ction 1. That the City Commission of the City of
Delray Beach, Palm Beach County, Florida, hereby annexes to said
City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
The South Three Quarters (S 3/4) of the East Half
(E 1/2) of the Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4) of Section 13, Township
46 South, Range 42 East, Delray Beach, Palm Beach
County, Florida.
The subject property is located west of and
adjacent to Kingsland Pines Subdivision, on the
west side of Gallagher Road; containing 16.15
acres, more or less.
$~ction 2, That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described parcel 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 parcel hereinabove
described is hereby declared to be in Zoning District R-1-A
(Single Family Residential) as defined by existing ordinances of
the City of Delray Beach.
SeGtiQ~ 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.
SeCtiOn ~. 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.
$gc%ion 6. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 7. 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.
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Section 8. 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 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 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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