89-94 [ITY
AIl.~btterica City
~
CERTIFICATION
I, BARBARA GARITO, Deputy City Clerk of the C±ty
of Delray Beach, Florida, do hereby certify that the
attached is a true and correct copy of Ordinance No. 89-94,
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 November 15, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand
and the official seal of the City of Delray Beach, Florida,
on this the 18th day of November, 1994.
Barbara Garito
Deputy City Clerk
City of Delray Beach
SED~
THE EFFORT ALWAYS MATTERS
Prmted on Recycle~1 Pal2er
ORDINANCE NO. 89-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, LOT 19 OF DELRAY BEACH ESTATES LOCATED AT 2706
NORTH FEDERAL HIGHWAY, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING
THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR
SAID LAND TO THE FUTUR~ LAND USE ~P AS CONTAINED IN
THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN; ELECTING
TO PROCEED UNDER THE' SINGLE HEARING ADOPTION PROCESS
FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING
FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL)
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, George R. Moenert and Patricia F. Moenert, his
wife, are the fee-simple owners of Lot 19, Delray Beach Estates; and
WHEREAS, George R. Moenert and Patricia F. Moenert, his
wife, have requested by their voluntary petition to have the subject
property annexed into the municipal limits of the City of Delray
Beach; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach,
Florida; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes; and
WHEREAS, the subject property hereinafte~ described is
presently under the Jurisdiction of Palm Beach County, Florida, having
a County Future Land Use Map designation of C/5 (Commercial with a
residential e(~uivalent of 5 units per acre); and
WHEREAS, the Advisory Future Land Use Map (FLUM) designation
for the subject property in the City of Delray Beach, Florida, is
General Commercial; and
WHEREAS, the City's Future Land Use Map designation of GC
(General Commercial) is consistent with the County FLUM designation of
C/5 (Commercial with a residential equivalent of 5 units per acre) for
the property hereinafter described; and
WHEREAS, the City's FLUM designations as initially contained
on the City's Future Land Use Map adopted in November, 1989, and as
subsequently amended, are deemed to be advisory only until an official
Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part
of this proceeding, and provisions of Land Development Regulations
Chapter Two have been followed in establishing the proposed zoning
designation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ 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:
Lot 19, DELRAY BEACH ESTATES, according to the Plat
thereof recorded in Plat Book 21 at Page 13 of the
Public Records of Palm Beach County, Florida.
The subject property is located on the west side of
North Federal Highway, at 2706 North Federal Highway,
Delray Beach; containing a 1.09 acre parcel of land,
more or less.
~ That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
~ That the land hereinabove described shall
immediately bmcomQ ~ubject 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 C~=y
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.
- 2 - Ord. No. 89-94
~ That the Future Land Use Map designation of the
subject property is hereby officially affixed as General Commercial.
~ That the City of Delray Beach elects to make
this small scale amendment by having only an adoption hearing,
pursuant to Florida Statutes Section 163.3187(1)(o)4.
~ That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in Zoning District GC (General
Commercial) as defined by existing ordinances of the City of Delra¥
Beach.
~ 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.
~ection 10, That this ordinance shall become effective as
follows: As to the annexation and zoning, immediately upon passage on
second and final reading; as to the small scale land use plan
amendment, the date a final order is issued by the Department of
Community Affairs or Administration Commission finding the amendment
in compliance in accordance with Section 163.3184, Florida Statutes,
whichever occurs earlier. No development orders, development permits,
or land uses dependent on this amendment may be issued or commence
before it has become effective. If a final order of noncompliance is
issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a re~olution affirming
its effective status, a copy of which resolution shall be sent to the
Department of Community Affairs, Bureau of Local Planning, 2740
Centerview Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final
reading on this the 15th day of November .
AT~EST: i. --
~ City C&erk '
First Reading November 1, 1994
Second Reading November 15t 1994
- 3 - Ord. No. 89-94
GULF
R-l-AA
SAD,~
MOENERT ANNEXATION
TO: DISTRIBUTION LIST
FROM: JEFF COSTELLO, SENIOR PLANNER
SUBJECT: MOENERT ANNEXATION
DATE: NOVEMBER 21, 1994
At its meeting of November 10, 1994, the City Commission
approved on second and final reading an ordinance annexing a
1.09 acre property known as the Moenert property. The attached
map shows the location of the property which is now within
municipal boundaries, and under municipal jurisdiction.
Attached for your information is the annexation brief for the
subject property. If you have any questions, do not hesitate to
contact me at ext. 7046.~, .
THE EFFORT ALWAYS MATTERS
Property Control Number:
Parcel 019 - 00-43-46-04-08-000-0190
Acreage:
Parcel 019 - 1.09 Acres
Number of
Buildings
Taxable Value: On-Site:
Parcel 019 - $181,481 2
Pro~ected Population Increase: - 0 -
Owner's Address: Property Address:
George R. & Patricia F. Moenert 2706 N. Federal Highway
3479 W. Boynton Beach Blvd. Delra¥ Beach, FL 33444
Boynton Beach, FL 33436
County Land Use Desiqnation: C/5 (Commercial - Residential
Equivalent of 5 units/acre)
City Land Use Desiqnation: General Commercial
City Zoning Designation: GC (General Commercial)
Current Use of Property: Vacant service station and vacant
residence
.~ ORB 8514 Pi 1180
· ~ "- DOROTHY H, WILKEN, CLERK
GU~
--R-l-AA
I RECEIVED
CITY CLERK
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
November 28, 1994
Ms. Alison MacGregor Harty
City Clerk
City of Delray Beach
100 Northwest 1st Avenue
Delray Beach, Florida 33444
Dear Ms. Harry:
This will acknowledge your letter of November 21, 1994 and
certified copy of Ordinance No. 89-94 annexing certain lands
into the City of Delray Beach, which was filed in this office
on November 28, 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,
Liz Clou~, Chief
Bureau of Administrative Code
LC/mw
ORDINANCE NO. 89-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, LOT 19 OF DELRAY BEACH ESTATES LOCATED AT 2706
NORTH FEDERAL HIGHWAY, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING
THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR
SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN
THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN; ELECTING
TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING
FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL)
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, George R. Moenert and Patricia F. Moenert, his
wife, are the fee-simple owners of Lot 19, Delray Beach Estates; and
WHEREAS, George R. Moenert and Patricia F. Moenert, his
wife, have requested by their voluntary petition to have the subject
property annexed into the municipal limits of the City of Delray
Beach; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach,
Florida; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes; and
WHEREAS, the subject property hereinafter described is
presently under the jurisdiction of Palm Beach County, Florida, having
a County Future Land Use Map designation of C/5 (Commercial with a
residential equivalent of 5 units per acre); and
WHEREAS, the Advisory Future Land Use Map (FLUM) designation
for the subject property in the City of Delray Beach, Florida, is
General Commercial; and
WHEREAS, the City's Future Land Use Map designation of GC
(General Commercial) is consistent with the County FLUM designation of
C/5 (Commercial with a residential equivalent of 5 units per acre) for
the property hereinafter described; and
WHEREAS, the City's FLUM designations as initially contained
on the City's Future Land Use Map adopted in November, 1989, and as
subsequently amended, are deemed to be.advisory only until an official
Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part
of this proceeding, and provisions of Land Development Regulations
Chapter Two have been followed in establishing the proposed zoning
designation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~_~ 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:
Lot 19, DELRAY BEACH ESTATES, according to the Plat
thereof recorded in Plat Book 21 at Page 13 of the
Public Records of Palm Beach County, Florida.
The subject property is located on the west side of
North Federal Highway, at 2706 North Federal Highway,
Delray Beach; containing a 1.09 acre parcel of land,
more or less.
~ That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
~_~ That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected,
including the Stormwater Management Assessment levied by the City
pursuant to its ordinances and as required by Florida Statutes Chapter
197, and persons residing thereon shall be deemed citizens of the City
of Delray Beach, Florida.
Section 4, That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically
initiated by the City pursuant to current requirements and conditions.
- 2 - Ord. No. 89-94
~_~ That the Future Land Use Map designation of the
subject property is hereby officially affixed as General Commercial.
~ That the City of Delray Beach elects to make
this small scale amendment by having only an adoption hearing,
pursuant to Florida Statutes Section 163.3187(1)(c)4.
~ That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in Zoning District GC (General
Commercial) as defined by existing ordinances of the City of Delray
Beach.
~ 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.
Section 10. That this ordinance shall become effective as
follows: As to the annexation and zoning, immediately upon passage on
second and final reading; as to the small scale land use plan
amendment, the date a final order is issued by the Department of
Community Affairs or Administration Commission finding the amendment
in compliance in accordance with Section 163.3184, Florida Statutes,
whichever occurs earlier. No development orders, development permits,
or land uses dependent on this amendment may be issued or commence
before it has become effective. If a final order of noncompliance is
issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming
its effective status, a copy of which resolution shall be sent to the
Department of Community Affairs, Bureau of Local Planning, 2740
Centerview Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final
reading on this the 15th day of Novemb~
AT~EST: ,_
J City C~erk '
First Reading November 1, 1994
Second Reading November 15~ 1994
- 3 - Ord. No. 89-94
MEMQRANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ /~ - MEETING OF NOVEMBER 15. 1994
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO.
89-94
DATE: NOVEMBER 10, 1994
This is second reading and public hearing for Ordinance No. 89-94
which annexes Lot 19 of Delray Beach Estates (Moenert property
located at 2706 North Federal Highway) and establishes initial
zoning of GC (General Commercial) District. It also provides for
a small scale land use plan amendment to change from the County's
designation of C/5 (Commercial with a residential equivalent of 5
units per acre) to an official City designation of General
Commercial.
This annexation is by voluntary petition of the property owners.
Please refer to the staff report for further analysis.
The Planning and Zoning Board formally reviewed this item on
October 17, 1994, and voted unanimously to recommend that the
annexation, land use map amendment, and initial zoning be
approved. At first reading on November 1, 1994, the City
Commission passed Ordinance No. 89-94 by unanimous vote.
Recommend approval of Ordinance No. 89-94 on second and final
reading.
ref:agmemo9
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ i~.~.- MEETING OF NOVEMBER
FIRST READING FOR ORDINANCE NO. 89-94
DATE: OCTOBER 28, 1994
This is first reading for Ordinance No. 89-94 which annexes Lot 19
of Delray Beach Estates (Moenert property located at 2706 North
Federal Highway) and establishes initial zoning of GC (General
Commercial) District. It also provides for a small scale land use
plan amendment to change from the County's designation of C/5
(Commercial with a residential equivalent of 5 units per acre) to
an official City designation of General Commercial.
This annexation is by voluntary petition of the property owners.
Please refer to the staff report for further analysis.
The Planning and Zoning Board formally reviewed this item on
October 17, 1994, and voted unanimously to recommend that the
annexation, land use map amendment, and initial zoning be
approved.
Recommend approval of Ordinance No. 89-94 on first reading. If
passed, a public hearing and second reading will be held on
November 15, 1994.
ref:agmemo9
CITY COMMISSION DOCUMENTATION
TO: ~VID T. HA~N, CITY MANAGER
THRU: UIANE DOMINGUEZ, DI~TO~ \
DE~RTMENT OF PLANN~ A~ZONING
FROM: PAUL DORLING, P~I~CIPAL PLANNER
SUBJECT: MEETING OF NOVEMBER 1, 1994
ANNEXATION~ S~LL SCALE LAND USE PLAN ~ENDMENT FROM
COUNTY C\5 TO CITY GC AND AN INITIAL ZONING
DESIGNATION OF GENE~L COMMERCIAL FOR LOT 19 OF DEL~Y
BEACH ESTATES ON NORTH FEDE~L HIGHWAY.
ACTION REQUESTED OF THE COMMISSION.'
The action requested of the City Commission is that of
approval on first reading of an ordinance for a voluntary
annexation (pursuant to Florida Statue 171.044), Small
Scale Future Land Use Map amendment from County C/5
(Commercial\Residential equivalent 5 units per acre) to
City GC (General Commercial), and the application of a
zoning designation of GC (General Commercial).
The subject property is located on the west side of Federal
Highway approximately 383 feet south of Gulfstream
Boulevard.
BACKGROUND:
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 #1", south of Gulfstream
Boulevard in the North Federal Highway corridor.
In 1993, the majority of the enclaves (10) in this area were
involuntarily annexed under ELMS III legislation which allowed
municipalities to annex enclaves under 10 acres in size through
interlocal agreement with the County having jurisdiction. The
subject property was originally considered for annexation under
this legislation yet was found to be ineligible as it did not
meet the definition of enclave. After the consummation of the
annexations under ELMS III legislation the owner of the property
contacted the City to seek voluntary annexation. The voluntary
annexation request is accompanied by a Future Land Use Map
amendment and initial zoning.
PROJECT DESCRIPTION:
The subject property is Lot 19 of the Delray Beach Estates Plat.
The property contains two buildings, a 'vacant commercial
structure located adjacent to Federal Highway and a residential
structure located internal to the property. The 100' wide lot
extends from Federal Highway west to Dixie Highway.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
public hearing on October 17, 1994. At the public hearing no
members of the public spoke. The Planning and Zoning Board
unanimously recommended approval of the annexation, FLUM
amendment and initial zoning request on a 7-0 vote.
RECOMMENDED ACTION:
By motion, approve on first reading the annexation, small scale
Future Land Use Map amendment from County C/5 to City GC and
initial zoning of GC (General Commercial) for Lot 19 of Delray
Beach Estates 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 the following:
* That the property is contiguous, reasonably compact and
does not create an enclave.
* That services will be provided to the property in a manner
similar to other similar properties within the City.
Attachment:
* Location Map
* Ordinance by others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: October 17, 1994
AGENDA ITEM: V.D.
ITEM: l~oenert Property Annexation/Initial Zoning (General Commercial)
and Small Scale FLUM Amendment.
GENERAL DATA:.
Owners/Applicants ........ George and Patricia F.
Moenert
Location ................. South of Gulfstream
Boulevard, between
Federal Highway and
Dixie Highway.
Property Size ............ 1.09 Acres
City Land Use Plan ....... General Commercial
County Land Use Plan ..... C-5 (Commercial with
a residential equivalent
of 5 units/acre)
Current County Zoning .... CG (Commercial General)
Proposed City Zoning ..... GC (General Commercial)
Adjacent Zoning...North: C-3 (Community Commercial) -
City of Boynton Beach
East: GC
South: GC
West: MIC (Mixed Industrial
and Commercial)
Existing Land Use ........ Vacant service station
and a vacant residence.
Water Service ............ Existing 12" water main
along the east side of
Federal Highway.
Sewer Service ............ Existing 10" sewer main
along east side of
Federal Highway. N
V.D.
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),
Small Scale Future Land Use Map amendment from County C/5
(Commercial\Residential equivalent 5 units per acre) to City GC
(General Commercial), and the application of a zoning
designation of GC (General Commercial).
LDR Sections 2.4.5 (A),(C) and (D) provide the rules and
procedures for processing of this petition.
The subject property is located on the west side of Federal
Highway approximately 383 feet south of Gulfstream Boulevard.
BACKGROUND:
This lot is located in the North Federal highway corridor which
is surrounded by three municipalities: Boynton Beach on the
north, Gulfstream on the east, and Delray Beach on the south and
west. The area has been a subject of concern to the City for
many years. Problems with abandoned buildings, undesirable
uses, drug sales and prostitution have plagued the area.
In 1993, the majority of the remaining enclaves (10) in this
area were involuntarily annexed under ELMS III legislation which
allowed municipalities to annex enclaves under 10 acres in size
through interlocal agreement with the County having
jurisdiction.
The subject property was originally considered for annexation
under this legislation yet was found to be ineligible as it did
not meet the definition of enclave. After the consummation of
the annexations under ELMS III legislation the owner of the
property contacted the City to seek voluntary annexation. The
voluntary annexation request is accompanied by a Future Land Use
Map amendment and initial zoning.
PROJECT DESCRIPTION:
The subject property is Lot 19 of the Delray Beach Estates Plat.
The property contains two buildings, a vacant commercial
structure located adjacent to Federal Highway and a residential
structure located internal to the property. The 100' wide lot
lot extends from Federal Highway west to Dixie Highway.
P&Z Board Staff Report
Moenert Property Annexation/Initial Zoning (General
Commercial) and Small Scale FLUM Amendment
Page 2
ANNEXATION ANALYSIS:
Florida Statutes Governing Annexations:
Pursuant to Florida Statue 171.044 "the owner or owners of real
property in an unincorporated 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"
* The owner of the subject property has petitioned for a
voluntary annexation.
* The parcel is contiguous via a common boundary along the
south, west and east.
* The property is reasonably compact in that it is
rectangular in shape and it will have access from a
collector roadway.
* Annexation of this property will not create an enclave.
Land Development Regulations Governing Annexations:
Pursuant to Land Development Regulation Section 2.4.5 (C) (1)
"the owner of land may seek the annexation of contiguous
property, under his ownership. Pursuant to Section 2.4.5 (C)(4)
in addition to findings required for action on the initial
zoning application, the City Commission must make findings that
the annexation will not create a new County enclave and that the
annexation is consistent with Objective B-3.4 of the Land Use
Element (see discussion under Comprehensive Plan Analysis).
COMPREHENSIVE PLAN ANALYSIS:
Small Scale Future Land Use Map Amendment process:
This petition is being processed as a small scale development
which pursuant to Florida Statute 163.3187 can be processed
without regard to the twice a year restriction placed on regular
Future Land Use Map amendments. To qualify as a small scale Land
Use Map amendment the following criteria must be met:
* The proposed amendment involves non residential land uses
which are less than 10 acres in size;
* The cumulative effect of the amendments shall not exceed 60
acres annually;
* The proposed amendment does not involve the same owner's
property more than once a year; and,
P&Z Board Staff Report
Moenert Property Annexation/Initial Zoning (General
Commercial) and Small Scale FLUM Amendment
Page 3
* The proposed amendment does not involve the same property
owners property within 200 feet of property granted a
change within the prior 12 months.
This change is to a non residential designation (GC) and the
property size is less than 10 acres. The cumulative effect of
all small scale amendments processed this year do not exceed 60
acres. This property owner has not processed a small scale
amendment on this property or for property within 200 feet in
the last year. Thus, the criteria for processing as a small
scale amendment is met.
Consistency Between the City and County Land Use Desiqnations:
The City's current Future Land Use Map designation for the
parcel is GC (General Commercial). The County's Land Use
designation is C/5 (Commercial/Residential equivalent of 5 units
per acre).
The City's GC (General Commercial) Land Use Map designation is
consistent with the County's C/5 (Commercial) designation. The
City's FLUM designations as initially contained on the City's
Future land Use Map adopted in November, 1989 (and as formally
subsequently amended) are deemed to be advisory only until an
official Land Use Map Amendment is processed.
Adjacent Land Use Map desiqnations and Land Uses:
The surrounding Land Use Map designations to the south and east
are General Commercial, to the west is Commerce, and to the
north is LRC (Limited Retail Commercial) within the City of
Boynton Beach.
The existing surrounding uses are a vacant lounge to the east, a
vacant drug rehabilitation residential facility to the south,
the FEC Railroad and industrial warehouses to the west and a
commercial Farmers Market to the north in the City of Boynton
Beach.
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
#1 ", which encompasses the east and west sides of Federal
Highway north of N.E. 21st Street (see attached map).
Provision of Services: When annexation of property occurs,
services should 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 Board Staff Report
Moenert Property Annexation/Initial Zoning (General
Commercial) and Small Scale FLUM Amendment
Page 4
Police~ This property is currently serviced by the Palm Beach
County Sheriff's Office, located at 345 South Congress Avenue,
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 on the south. One officer is
assigned to a particular zone during a shift (three shifts per
day). Additional response can be mustered from "Cover Cars"
which roam throughout zones randomly, depending on their
availability in South County during that time.
The City of Delray Beach's Police Department has more manpower
to respond in this area; as a consequence, significantly
improved response time should be realized. Annexation will not
require additional manpower, as the police currently pass the
property while patrolling areas of the City to the south, east,
and west of the parcel.
Fire and Emergency Services: The annexation of this area will
not require additional manpower. The municipal area is served
by Fire Station No. 1 (West Atlantic Avenue).
With annexation, the property will receive an improvement in
response time from the current 8 1/2 minutes of the County Fire
Department (Indian Springs Station/Military Trail & Gulf Road) to
approximately 4 minutes for the City's Fire Department (Fire
Station No. 1/West Atlantic Avenue).
Water: A 12" water main exists along the east side of Federal
Highway extending north to Gulfstream Boulevard. As part of
scheduled Enclave Phase II improvements, a new 8" water main has
recently been installed along Dixie Highway adjacent this
property.
Fire suppression is provided along the east side of Federal
Highway by existing fire hydrants which were installed with the
water main. In addition, fire hydrants meeting the 300' minimum
spacing have been provided along Dixie Highway as part of the
water main improvements associated with Enclave Phase II
improvements.
Sewer: A 10" gravity sewer main runs along the east side of
Federal Highway from Gulfstream Boulevard south to the Swap
Shop. In addition, the recently completed Enclave Phase II
improvements included the installation of an 8" sewer main along
Dixie Highway from Gulfstream Boulevard south past this
property.
Streets and Traffic~ This parcel has direct access from two
roadways, Federal Highway and Dixie Highway. Federal Highway is
under the jurisdiction of the FDOT (Florida Department of
P&Z Board Staff Report
Moenert Property Annexation/Initial Zoning (General
Commercial) and Small Scale FLUM Amendment
Page 5
Transportation), and Dixie Highway in this area is under the
jurisdiction of the City of Delray Beach. The jurisdictional
responsibility and the associated maintenance responsibility
will not change for either street upon annexation.
It is noted that the dedicated right-of-way width for Federal
Highway is 100 feet adjacent this parcel. The ultimate
right-of-way for Federal Highway is 120' which will require an
additional 10' dedication from this property upon future
redevelopment. This dedication would be required whether the
property is redeveloped in the County or the City.
Parks and Open Space: The annexation of the commercial
properties will not create additional impacts on park and
recreational facilities. No park deficiencies are noted for
this area in the Comprehensive Plan.
Solid Wasts: This parcel is currently serviced by County
Sanitation, which is under a 5 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) the existing waste provider would continue
to provide service upon annexation until the completion of the
contract.
Fiscal Impacts:
Affect Upon the Annexed Property: For the 1994 tax year this
parcel had an assessed value of $181,481. This property does not
qualify for homestead or other exemptions therefore the taxable
value is $181,481.
With the change from County to City jurisdiction, the following
taxes and rates will be affected:
Ad Valorem Taxes Millaqe With Annexation
Fire/Rescue MSTU 2.5539 Deleted (County)
Library .4437 Deleted (County)
City of Delray Beach 6.88 Added (City)
City of Delray Beach Debt 1.07 Added (City)
4.9524 *
· Total tax millage in the County is 20.2264 mills while in
the City the total rate is 25.1788 mills.
The tax increase for this property will be $898.76 a year. In
addition the following Non Ad Valorem fiscal impositions apply:
P&Z Board Staff Report
Moenert Property Annexation/Initial Zoning (General
Commercial) and Small Scale FLUM Amendment
Page 6
Delray Beach Storm Water Utility: This City assessment will be
approximately $85.90 based upon the combined impervious area of
the buildings, parking areas, etc. Properties within the North
Federal Highway area do not qualify for the 25% discount for
private streets or the 25% discount for being within the Lake
Worth Drainage District.
Water/Sewer Rate Reduction: Currently this property does not
receive municipal water and sewer. Out-of-city water and
sewer customers are assessed a 25% surcharge. With
the annexation this surcharge is eliminated.
Occupational License Fees: With annexation, any future
businesses will require City of Delray Beach Occupational
Licenses. These licenses will be in addition to the required
County licenses. The City licence fees will depend upon the
type of business which is established on the site.
Fiscal Impacts to the City: At the 1994 City operating millage
rate of 6.88 mills and debt rate of 1.07 mills, the property
will generate approximately $1,442.77 in ad valorem taxes per
year. The property is within the Community Redevelopment Area
and as such the City will receive taxes on the value of the
property as it was in the base year 1985 in which the CRA was
established. Ninety-five percent of all subsequent increases in
property values would be paid to the CRA as Tax Increment
Financing. While the 1985 property value is not yet available
it is anticipated to be fairly close to the current values.
Additional revenues will be realized through the annual
collection of the stormwater assessment fees, utility taxes
(9.5% commercial electric, 8% residential electric, 7%
telephone, 7% cable and franchise fees of 6% electric, 1%
telephone, and 3% cable).
The City Utility Fund will not realize a revenue loss as the
properties are not connected at this time.
ZONING ANALYSIS:
The proposed initial City Zoning of the property is GC (General
Commercial). The current County zoning designation for the
property is CG (Commercial General).
The surrounding zoning designations are C-3 (Community
Commercial) in the City of Boynton Beach to the north, GC
(General Commercial) to the south and east and MIC (Mixed
Industrial Commercial) to the west.
The City zoning designation of GC is similar to the existing
County designation and represents the prevailing use of the
properties in the area. Upon annexation only the City zoning
designation is applicable.
P&Z Board Staff Report
Moenert Property Annexation/Initial Zoning (General
Commercial) and Small Scale FLUM Amendment
Page 7
R E Q U I R E D F I N D I N G S: (CHAPTER 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may
be achieved through information on the application, the Staff
Report or Minutes. Findings shall be made by the body which has
the authority to approve or deny the development application.
These findings relate to the following four areas:
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The proposed GC zoning designation is consistent with the
underlying "General Commercial" land use designation.
Under the GC zoning designation the existing residential
use will be nonconforming. Residential uses are allowed
however, they must be in the same structure as the
commercial uses and represent less than 50% of the gross
floor area devoted to the commercial uses.
Upon annexation, the residential component will become a
nonconforming use which will be allowed to continue
pursuant to the nonconforming use regulations (LDR Section
1.3.5). In summary, Section 1.3.5 allows a nonconforming
use to continue as long as it is not discontinued or
abandoned for a continuous period of 180 days.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
The proposal involves the annexation of existing
development. There will be no changes in the manner that
drainage and solid waste services will be provided.
Changes in water and sewer services will result from the
recent installation of municipal mains. Fire, police, and
EMS will shift to a different provider; however, all these
services will be enhanced (see annexation analysis for
details).
Compliance with Land Development Regulations:
Upon annexation the existing buildings will come under the
development regulations of the City. Compliance with the
perimeter landscape requirements adjacent to all rights-of-way
(i.e. Federal Highway and Dixie Highway), and the City sign code
will be required subsequent to annexation. Any future
modifications to the site must comply with all regulations of
the City's Land Development Regulations.
P&Z Board Staff Report
Moenert Property Annexation/Initial Zoning (General
Commercial) and Small Scale FLUM Amendment
Page 8
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.
The area is not a designated residential area, thus
this standard does not apply.
B) Performance Standard 3.3.2(D) states: That the rezoning
shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing
and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse
impacts from the new use.
The initial zoning designation represents the existing
commercial land uses and the most appropriate future
development direction. The commercial zoning
designation is compatible with adjacent commercial
uses.
Pursuant to Section 2.4.5(D)(1), a Justification statement
providing the reason for which the change is being sought must
accompany all rezoning requests. The Code further identifies
certain valid reasons for approving the change being sought.
As this zoning petition involves an initial zoning
designation to be assigned to a property being annexed, the
above section does not apply.
REVIEW BY OTHERS:
COMMUNITY REDEVELOPMENT AGENCY (CRA):
The proposed annexation is in the CRA area. The CRA considered
the request at its meeting of September 22, 1994 and recommended
approval.
COUNTY NOTICE:
On October 7, 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.
P&Z Board Staff Report
Moenert Property Annexation/Initial Zoning (General
Commercial) and Small Scale FLUM Amendment
Page 9
PUBLIC NOTICE:
Notice to all properties within 500 feet was given. Courtesy
notices were also sent to Deborah Dowd (Northeast Neighborhood),
Robert Dittman, Stanley Milosky, and Loren Sheffer (North
Federal Highway Task Team).
ASSESSMENT AND CONCLUSIONS:
Accommodating the annexation of this property and affixing an
initial City zoning designation of GC is consistent with the
City's program for annexation of territory within its Planning
and Service Area. In addition, the annexation will eliminate an
unincorporated pocket that is surrounded by municipalities.
The annexed area will experience an increase in taxes and
stormwater assessment fees. However, with the increased taxes
and fees will come better Police, Fire, EMS and Code Enforcement
services.
The City will receive revenue from additional property taxes,
stormwater assessment fees, per capita reimbursements and
associated utility taxes and franchise fees.
A L T E R N A T I V E S:
A. Continue with direction.
B. Recommend approval of the annexation, small scale land use
amendment from County C/5 to City GC and initial zoning of
GC.
C. Recommend denial of the Annexation, Land Use Plan Amendment
and initial zoning with the basis stated.
STAFF RECOMMENDATION:
Recommend to the City Commission approval of this annexation,
small scale Future Land Use Map amendment from County C/5 to
City GC and initial zoning of GC (General Commercial) for Lot 19
of Delray Beach Estates 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 the following:
* That the property is contiguous, reasonably compact and
does not create an enclave.
* That services will be provided to the property in a manner
similar to other similar properties within the City.
Report prepared by: Paul Dorling, Principal Planner
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LEG~D:
~Y 1993
CITY OF DELRAY BEACH. FLORIDA NOTICE OF PUBLIC HEARIN~
A PUBLIC HEARING will be held on the following proposed ordinances
at 7:00 P.M. on TUESDAY. NOVEMBER 15. 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 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. 84-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS", BY REPEALING
ORDINANCE NO. 70-94 AND FORMER SECTION 71.60 OF THE CODE OF
ORDINANCES AND ENACTING A NEW SECTION 71.060, "PARKING METER
PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, TO ESTABLISH THAT ALL PERSONS MAY OBTAIN A PARKING PERMIT
FOR ANCHOR, SANDOWAY, AND THE HOLIDAY INN NORTH PARKING LOTS, AND
TO LIMIT THE PURCHASE OF PARKING PERMITS FOR THE INGRAHAM AVENUE
LOT TO CITY RESIDENTS IN THE MANNER WHICH EXISTED PRIOR TO
ENACTMENT OF ORDINANCE NO. 70-94; ESTABLISHING A FEE FOR THE
PARKING PERMIT; TO PROVIDE FOR THE TRANSFERRING OF PARKING PERMITS
AND THE ISSUANCE OF SUBSTITUTE STICKERS FOR A SUBSTITUTE VEHICLE
ACQUIRED BY THE SAME PERMIT HOLDER SUBSEQUENT TO THE ISSUANCE OF
THE ORIGINAL PARKING PERMIT; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 87-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED
OFFICE CENTER) DISTRICT, IN PART, AND A (AGRICULTURAL) DISTRICT,
IN PART, TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT, WHICH
PROVIDES A RESIDENTIAL ZONING DISTRICT WITH FLEXIBLE DENSITIES
HAVING A BASE OF SIX (6) UNITS PER ACRE AND A RANGE TO TWELVE (12)
UNITS PER ACRE, AND WHICH ALSO AUTHORIZES THE CITY COMMISSION TO
ESTABLISH THE DENSITY FOR A SPECIFIC RM DEVELOPMENT BY AFFIXING A
NUMERICAL SUFFIX TO THE DESIGNATION TO LIMIT THE DENSITY TO A
SPECIFIC NUMBER BETWEEN SIX AND TWELVE UNITS PER ACRE, PURSUANT TO
SECTION 4.4.6(H)(1) OF THE LAND DEVELOPMENT REGULATIONS; SAID LAND
BEING LOCATED ON THE EAST SIDE OF MILITARY TRAIL, APPROXIMATELY
1,400 FEET SOUTH OF LINTON BOULEVARD, AS MORE PARTICULARLY
DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 85-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL
COMMERCIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT;
SAID LAND BEING GENERALLY LOCATED ON THE EAST AND WEST SIDES OF
N.W. 5TH AVENUE, BETWEEN N.W. 1ST STREET AND N.W. 2ND STREET; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING. A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 86-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY
FACILITIES) DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT; SAID
LAND BEING LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE,
BETWEEN S.W. 1ST AVENUE AND S.W. 2ND AVENUE; AND AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 89-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 19 OF DELRAY
BEACH ESTATES LOCATED AT 2706 NORTH FEDERAL HIGHWAY, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING
THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE
DESIGNATION FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED
IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 90-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 94-1 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
94-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
- 2 -
ORDINANCE NO. 91-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING 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.
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 4, 1994 Alison MacGregor Harry
City Clerk
- 3 -
CITY OF DELRA¥ BEACH. FLORIDA NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on the following proposed ordinanoe
at 7:00 P.M. on TUESDAY. NOVEMBER 15. 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. 89-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, LOT 19 OF DELRAY BEACH ESTATES
LOCATED AT 2706 NORTH FEDERAL HIGHWAY, WHICH LAND
IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL
LAND USE DESIGNATION FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY
BEACH COMPREHENSIVE PLAN; ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING
FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL)
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, George R. Moenert and Patricia F. Moenert, his
wife, are the fee-simple owners of Lot 19, Delray Beach Estates;
and
WHEREAS, George R. Moenert and Patricia F. Moenert, his
wife, have requested by their voluntary petition to have the
subject property annexed into the municipal limits of the City of
Delray Beach; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach,
Florida; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of
the Florida Statutes; and
WHEREAS, the subject property hereinafter described is
presently under the jurisdiction of Palm Beach County, Florida,
having a County Future Land Use Map designation of C/5
(Commercial with a residential equivalent of 5 units per acre);
and
WHEREAS, the Advisory Future Land Use Map (FLUM)
designation for the subject property in the City of Delray Beach,
Florida, is General Commercial; and
WHEREAS, the City's Future Land Use Map designation of
General Commercial is consistent with the County FLUM designation
of C/5 (Commercial with a residential equivalent of 5 units per
acre) for the property hereinafter described; and
WHEREAS, the City's FLUM designations as initially
contained on the City's Future Land Use Map adopted in November,
1989, and as subsequently amended, are deemed to be advisory only
until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is
part of this proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the
proposed zoning designation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of
Delray Beach, Palm Beach County, Florida, hereby annexes to said
City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
Lot 19, DELRAY BEACH ESTATES, according to the
Plat thereof recorded in Plat Book 21 at Page 13
of the Public Records of Palm Beach County,
Florida.
The subject property is located on the west side
of North Federal Highway, at 2706 North Federal
Highway, Delray Beach; containing a 1.09 acre
parcel of land, more or less.
Section 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach,
Florida.
Section 3. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected, including the Stormwater Management Assessment levied
by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be
deemed citizens of the City of Delray Beach, Florida.
- 2 -
Section 4. That this annexation of the subject
property, including adjacent roads, alleys, or the like, if any,
shall not be deemed acceptance by the City of any maintenance
responsibility for such roads, alleys, or the like, unless
otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 5. That the Future Land Use Map designation of
the subject property is hereby officially affixed as General
Commercial.
Section 6, That the City of Delray Beach elects to
make this small scale amendment by having only an adoption
hearing, pursuant to Florida Statutes Section 163.3187(1)(c)4.
Section 7, That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land
hereinabove described is hereby declared to be in Zoning District
GC (General Commercial) as defined by existing ordinances of the
City of Delray Beach.
Section 8, That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 9. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 10. That this ordinance shall become effective
as follows: As to the annexation and zoning, immediately upon
passage on second and final reading; as to the small scale land
use plan amendment, the date a final order is issued by the
Department of Community Affairs or Administration Commission
finding the amendment in compliance in accordance with Section
163.3184, Florida Statutes, whichever occurs earlier. No
development orders, development permits, or land uses dependent
on this amendment may be issued or commence before it has become
effective. If a final order of noncompliance is issued by the
Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its
effective status, a copy of which resolution shall be sent to the
Department of Community Affairs, Bureau of Local Planning, 2740
Centerview Drive, Tallahassee, Florida 32399-2100.
- 3 -
The above ordinance is published in full as required by Section
2.03(b) of the City Charter of the City of Delray Beach, Florida.
Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this hearing, such person will need a record of these
proceedings, and for this purpose such person may need to ensure
that a verbatim record includes the testimony and evidence upon
which the appeal is to be based. The City does not provide nor
prepare such record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
November 4, 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.
- 4 -
CITY OF DELRAY BEACH. FLORIDA NOTICE OF ANNEXATION
ORDINANCE NO, 99-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 19 OF DELRAY
BEACH ESTATES LOCATED AT 2706 NORTH FEDERAL HIGHWAY, WHICH LAND
IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING
AN OFFICIAL LAND USE DESIGNATION FOR SAID LAND TO THE FUTURE LAND
USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE
PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR
THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING
A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE
PROPERTY TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL
DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A
COPY OF THE ORDINANCE HEREINABOVE NAMED CAN BE OBTAINED FROM THE
OFFICE OF THE CITY CLERK, CITY HALL, 100 N.W. 1ST AVENUE, DELRAY
BEACH, FLORIDA.
(INSERT ATTACHED MAP HERE)
The above notice is published as required by State law. The
proposed ordinance and complete legal description of the property
to be annexed may be inspected at the Office of the City Clerk at
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between
the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
excluding holidays.
The City Commission will meet in the Commission Chambers at City
Hall on TUESDAY. NOVEMBER 15. 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 4, 1994 Alison MacGregor Harty
November 11, 1994 City Clerk
CITY OF DEL~A¥ BEACH. FLORIDA
~OTICE OF LAND USE CHANGE
The City Commission of the City of Delray Beach, Florida, will
consider a proposed change to the Future Land Use Map for a
parcel of land known as Lot 19, Delray Beach Estates, located at
2706 North Federal Highway, Delray Beach. The proposal involves
a Land Use Plan Designation change FROM C/5 - Commercial with a
residential equivalent of 5 units per acre (County designation)
TO General Commercial (City designation). The subject property
contains 1.09 acres, more or less.
The City Commission will conduct a Public Hearing on TUESDAY,
NOVEMBER 15. 1994. AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. At this meeting the City Commission intends to adopt
this amendment to the Future Land Use Map.
All interested citizens are invited to attend the public hearing
and comment upon the proposed Land Use Plan Amendment or submit
their comments in writing on or before the date of this hearing
to the Planning and Zoning Department. For further information
or to obtain copies of the proposed amendment, please contact the
Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida 33444 (Phone 407/243-7040), between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED
AT THIS HEARING, SUCH PERSON WILL NEED A RECORD OF THESE
PROCEEDINGS, AND FOR THIS PURPOSE SUCH PERSON MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD.
PURSUANT TO F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
November 9, 1994 Alison MacGregor Harty
City Clerk
*****************************************************************
Instructions to Newspaper: This ad is not to appear in the legal
advertisement section of the newspaper. The ad must be at least
one standard column wide and six (6) inches long. The headline
[CITY OF DELRAY BEACH, FLORIDA NOTICE OF LAND USE CHANGE] must
be an 18 point bold headline. Thank you.
CITY DF DELRAY BEACH
pvv~,,-?. CITY CLERK,oo~.w.,~~ . ~.~^¥~,~,~.o~,~^~.~ .
~l. Amed~ C~
1993
November 21,
TO WHOM IT MAY CONCERN:
Enclosed please find a copy of Ordinance No. 89-94 annexing to
the City of Delray Beach, Florida, Lot 19 of Delray Beach
Estates located at 2706 North Federal Highway (Moenert
Property), together with an annexation brief for the subject
property. This ordinance was passed and adopted on second and
final reading by the Delray Beach City Commission in regular
session on November 15, 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 Harry
City Clerk
AMH/sm
Enclosures: Ordinance No. 89-94
Annexation Brief
THE EFFORT ALWAYS MATTERS
Pfinted on Recycled Paper
[ITY I]F llELAI:IY BEI:I[H
OELRAY 8EACH
~ '~ '~ ,~ ~s: ~,vE:~bT= · ~ ~-~' .~E.~£'" --L~ ~ ~:~' .... ~' . -- -
PLANNING AND ZONING DEPARTMENT MEMORANDUM
199 ~;
TO: DISTRIBUTION LIST
FROM: JEFF COSTELLO, SENIOR PLANNER
SUBJECT: MOENERT ANNEXATION
DATE: NOVEMBER 9-1, 1994
At its meeting of November 1~, 1994, the City Commission
approved on second and final reading an ordinance annexing a
1.09 acre property known as the Moenert property. The attached
map shows the location of the property which is now within
municipal boundaries, and under municipal jurisdiction.
Attached for your information is the annexation brief for the
subject property. If you have any questions, do not hesitate to
contact me at ext. 7046.
THE EFFORT ALWAYS MATTERS
ANNEXATION BRIEF FOR THE MOENERT PROPERTY
Property Control Number:
Parcel 019 - 00-43-46-04-08-000-0190
Acreage:
Parcel 019 - 1.09 Acres
Number of
Buildings
Taxable Value: On-Site:
Parcel 019 - $181,481 2
Projected Population Increase: - 0 -
Owner's Address: ~roperty Address:
George R. & Patricia F. Moenert 2706 N. Federal Highway
3479 W. Boynton Beach Blvd. Delray Beach, FL 33444
Boynton Beach, FL 33436
County Land Use Desiqnation: C/5 (Commercial - Residential
Equivalent of 5 units/acre)
City Land Use Desiqnation: General Commercial
City Zoning Designation: GC (General Commercial)
Current.~se of Property: Vacant service station and vacant
residence