62-93 ORDINANCES
CO~S. SION AC~ON: ~~ ~-- 0
COMMISSION ACTION
NOTES:
bg
ORDINANCE NO. 62-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING (3) PARCELS OF LAND
TO THE CITY OF DELRAY BEACH, FLORIDA, WITH INITIAL
CITY ZONING OF NC (NEIGHBORHOOD COMMERCIAL)
DISTRICT, POD (PROFESSIONAL OFFICE) DISTRICT AND RM
(MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY)
DISTRICT; SAID LAND LYING AND BEING IN SECTION 13,
TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA, LOCATED ON THE NORTH SIDE OF WEST ATLANTIC
AVENUE BETWEEN BARWICK ROAD AND MILITARY TRAIL, AS
MORE PARTICULARLY DESCRIBED HEREIN; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING
CLAUSE; AND AN EFFECTIVE DATE.
WHEREAS, 66 Individual Unit Owners are the fee-simple owners
of the Sunset Pines Condominium, a parcel of land lying and being in
Section 13, Township 46 South, Range 42 East, Palm Beach County,
Florida, as the same is more particularly described herein; and
WHEREAS, Discount Auto Parts Inc. is the fee-simple owner of
the Discount Auto Parts Store, a parcel of land lying and being in
Section 13, Township 46 South, Range 42 East, Palm Beach County,
Florida, as the same is more particularly described herein; and
WHEREAS, Myles and Arlene Spodak, Trs., are the fee-simple
owners of the Delray Medical Center, a parcel of land lying and being
in Section 13, Township 46 South, Range 42 East, Palm Beach County,
Florida, as the same is more particularly described herein; and
WHEREAS, The subject properties hereinafter described are
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:
$~c~ion 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described lands located in Palm Beach County, Florida, which
lie contiguous to said City to-wit:
Sunset Pines Condominium: A parcel of land lying in the
West Half (Wl/2) of the Northeast Quarter (NE1/4) of the
Southwest Quarter (SW1/4) of Section 13, Township 46 South,
Range 42 East, Palm Beach County, Florida, said parcel being
more particularly described as follows: Commencing at the
Northwest corner of the East 100 feet of the West Half
(Wl/2) of the West Half of the Northeast Quarter (NWl/4) of
theo Southwest Quarter (SW1/4) of said Section 13; thence
S-0 -14'-49"-W, on an assumed bearing along the West line of
the said East 100 feet, a distance of 60.0 feet to an
intersection with the South line of the required
right-of-way for Lake Worth Drainage District Lateral Canal
No. 33 as shown on Sheet 109 of 240 Sheets dated May, 1969,
and on file in the Palm Beach County Court House, said
intsrsection being the point of beginning; thence continue
S-0 -14'-49"-W, along the said West line of the East 100
feet of the West Half (Wl/2) of the West Half (W1/2) of the
Northeast Quarter (NE 1/4) of the Southwest Quarter (SWl/4)
of Section 13 a distance of 720.43 feet to a point in a line
547 feet North of and parallel with the North right-of-way
line of State Road No. 806 (West Atlantic Avenue) as shown
in Road Plat Book 3 at Page 27 of the Public Records of Palm
Beach County, Florida; then N-89v-06'-10"-W, along said
parallel line, a distance of 3.18 feet; thence
N-0v-14'-55"-E, a distance of 720.39 feet to an intersection
with the said South line of the required right-of-way for
Lake Worth Drainage District Lateral Canal No. 33; thence
East along said South right-of-way line, being 60 feet South
of and parallel with the North line of said West Half (W1/2)
of the Northeast Quarter (NE1/4) of the Southwest Quarter
(SW1/4) of Section 13, a distance of 3.16 feet to the point
of beginning, and a parcel of land in Section 13, Township
46 South, Range 42 East, Palm Beach County, Florida, being
more particularly described as follows: the East Half
(El/2) of the West Half (W1/2) of the Northeast Quarter
(NE1/4) of the Southwest Quarter (SW1/4) of said Section 13,
lying North of the North right-of-way line for State Road
806 (West Atlantic Avenue), as recorded in Road Plat Book 3,
Page 27, of the Public Records of Palm Beach County,
-2- Ord. No. 62-93
Florida, less and excepting the South 547.0 feet of the West
Half (W1/2) of the above described parcel and less and
excepting the South 330.0 feet of the East Half (El/2) of
the above described parcel, together with an easement for
ingress and egress purposes, as recorded in Official Record
Book 2570 on Pages 1990 through 1992 inclusive of the Public
Records of Palm Beach County, Florida, and the East 100 feet
of the West Half (W1/2) of the West Half (W1/2) of the
Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4)
of Section 13, Township 46 South, Range 42 East, Palm Beach
County, Florida, less the right-of-way for State Road 806
(West Atlantic Avenue) and less the South 547 feet of the
above described parcels. Subject to a drainage easement for
Lake Worth Drainage District over and across the North 60.0
feet of the above described parcels.
Together with:
Discount Auto Parts: A parcel of land in Section 13,
Township 46 South, Range 42 East, Palm Beach County,
Florida, more particularly described as follows: Begin at a
point where the West line of the West Half (W1/2) of the
East Half (El/2) of the West Half (Wl/2) of the Northeast
Quarter (NE1/4), of the Southwest Quarter (SW1/4) of Section
13, Township 46 South, Range 42 East, Palm Beach County,
Florida, intersects the North right-of-way line of State
Road 806; thence run North along said West line 547.00 feet
to a point; thence run East along a line parallel to and
547.0 feet North of the North right-of-way line State Road
806 to a point in the East line of the West Half (W1/2) of
the East Half (E1/2) of the West Half (W1/2) of the
Northeast Quarter (NE1/4) of the Southwest Quarter (SWl/4)
of said Section 13; thence run South 547.0 feet to the North
right-of-way of State Road 806; thence run West along said
north right-of-way line to the point of beginning; together
with the portion of Atlantic Avenue right-of-way (SR 806)
lying north of the centerline adjacent to said property.
Together with:
Delray Medical Center: The South 330.0 feet of the
following described parcel: The East Half (El/2) of the
East Half (E1/2) of the West Half (W1/2) of the Northeast
Quarter (NE1/4) of the Southwest Quarter (SW1/4) of Section
13, Township 46 South, Range 42 East, Palm Beach County,
Florida, less right-of-way of record for Lake Worth District
Lateral Canal No. 33, and less the right-of-way for State
-3- Ord. No. 62-93
Road 806 (West Atlantic Avenue) as recorded in Road Plat
Book 3, on Page 27, Public Records of Palm Beach County,
Florida, together with the portion of Atlantic Avenue
right-of-way (SR 806) lying North of the centerline adjacent
to said property.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
tracts of land and said lands are 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 tracts of land hereinabove described (Sunset
Pines Condominium) (containing 8.74 acresl is hereby declared to be in
Zoning District RM (Multiple Family Residential-Medium Density);
(Discount Auto Parts) (containing 2.05 acres) is hereby declared to be
in Zoning District NC (Neighborhood Commercial); (Delray Medical
Center) (containing 1.22 acres) is hereby declared to be in POD
(Professional Office District), as defined by existing ordinances of
the City of Delray Beach, Florida.
$~¢tion 4, That the lands 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 Statues Chapter
197, and persons residing thereon shall be deemed citizens of the City
of Delray Beach, Florida.
Section 5. 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.
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.
-4- Ord. No. 62-93
Section 8. That the private streets located in the lands herein
above mentioned shall remain private streets and the City of Delray
Beach, Florida, does not accept such private streets for maintenance
purposes.
$~¢tion 9. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 9th day of November , 1993.
ATTEST:
Acting City Clerk
First Reading October 26, 1993
Second Reading November 9~ 1993
-5- Ord. No. 62-93
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DISTRIBUTION LIST
FROM: PA DORLING, SENIOR PLANNER
DATE: NOVEMBER 10,~993
RE: ANNEXATION OF SUNSET PINES CONDOMINIUMS, DISCOUNT AUTO
PARTS STORE AND THE DELRAY MEDICAL CENTER.
On November 10, 1993 the City Commission approved on second and
final reading the annexation of the Sunset Pines Condominiums,
Discount Auto Parts Store and the Delray Medical Center located
on the north side of Atlantic Avenue west of Barwick Road. The
attached map shows the properties which are now within the
municipal boundaries and under municipal Jurisdiction.
The following property data is attached for your information.
If you have any questions please call me at ext. 7043.
Y:anx
~ LOCATION MAP
!
FRANWOOD DRIVE
!
,. ~
_ / ~ ~--.
OR4826PI459
DISCOUNT AUTO PARTS STORE - ANNEXATION BRIEF
Property Control No: 00-42-46-13-00-000-7060
Acreage: 2.05 acres
Taxable value: $245,570.00 (without new building)
$525,570.00 (estimated with building)
Number of Bulldinqs on Parcel: 1
Owner's Name & Address: Discount Auto Parts Inc.
4900 Frontage Road S.
P.O. Box 8080
Lakeland, Florida 33802
County Street Address: 4677 West Atlantic Avenue
County Land Use Desianation: CH-8 (Commercial with a residential
equivalent of 8 units per acre)
City Land Use Designation= Transitional
City Zoninq Desiqnation: Neighborhood Commercial
Current Use of the Property: Discount Auto Parts Store and
vacant to the rear.
Leqal Description: S 540 ft. of W 1/2 of E 1/2 of W
1/2 of NE 1/4 of SW 1/4 LYG N of SR
806.
Name of Business~ Discount Auto Parts
D~LRA¥ MEDICA~ CEllaR - A~X~TION BRIEF
Property Control No: 00-42-46-13-00-000-7180
Acreaqe: 1.22 ACRES
Taxable value: $400,000.00
Number of Buildings on Parcel:l
Owner's Name & Address= Spodak, Myles S. & Arlene Trs.
20800 Ptnar Trail
Boca Raton, Florida 33433
County Street Address: 4665 West Atlantic Avenue
County Land Use Desiqnation: CH-8 Commercial with a residential
equivalent of 8 units per acre.
City Land Use Designation: Transitional
City Zoninq Deslqnatton: POD (Professional & Office District)
Current Use of the Property: Medical office building
Legal Description= S 330 FT of E 1/4 of W1/2 of NE 1/4
of SWl/4 (LESS S 47 FT RD R/W)
Name of Business: Delray Medical Center
SUNSET PINES CONDOMINIUM DEVELOPMENT - ANNEXATION BRIEF
Property Control No: 00-42-46-13-21-000-0010
thru
00-42-46-13-21-000-0660
Acreage: ?.?4 acres
Taxable value: Assessed~ $3,776,380
Homestead exemptions (57): j$1,425,000
Taxable value:
Number of Buildings on Parcel: 66 units
Owner's Names & Addresses: See attached
County Street Address: See a~tached
County Land Use Designation= MR-5 (Medium Residential)
City Land Use Designation: Transitional
City Zoninq Desiqnation= RM (Multiply Family Residential)
Current Use of the Property= Condominium development
Legal Description= See attached Ordinance 62-93
Name of development= Sunset Condominium Development
SUNSET PINES CONDOMINIUM
00-42-46-13-21-000-0010
Thru
00-42-46-13-21-000-0660
BUILDING # OWNER PROPERTY ADDRESS
i Davis, Paul & Frances C.
14624 Sunset Pines Drive
Delray Beach, FL 33445
2 Shea, Eugene & Jan
14616 Sunset Pines Drive
Delra¥ Beach, FL 33445
3 Dixon, Shirley & Kevin S.
14608 Sunset Pines Drive
Delra¥ Beach, FL 33445 ~"
4 Lang, Robert R. & AnneMarie
14600 Sunset Pines Drive
Delra¥ Beach, FL 33445
5 Infande, Albert L. & Gloria H.
14592 Sunset Pines Drive
Delra¥ Beach, FL 33445
6 Schrieber, James D.
14584 Sunset Pines Drive, %6
Delra¥ Beach, FL 33445
7 Erickson, Robert F. & Jayme A.
14576 Sunset Pines Drive, %7
Delra¥ Beach, FL 33445
8 Alberts, Marco & Sonia F.
14577 Sunset Pines Drive
Delray Beach, FL 33445
9 Renne, Gard D. & Llnda S.
14585 Sunset Pines Drive
Delra¥ Beach, FL 33445
10 Gardner, Christine
14593 Sunset Pines Drive
Delra¥ Beach, FL 33445
11 Pearson, James J. & Daryl A.
14601 Sunset Pines Drive
Delra¥ Beach, FL 33445
12 Baker, Anthony P. & Esther M. 14609 Sunset Pines
8275 Chicksaw Trail Dr. Delra¥ Beach
Tallahassee, FL 32312-3675 Fla. 33445
BUILDING # OWNER PROPERTY ADDRESS
13 Salandra, Thomas F. & Marie A. 14617 Sunset Pines Dr.
405 Cecelia Place Delray Beach,
Cllffside Park, NJ 07010 Fla. 33445
14 Jones, William E. & Mary E.
14569 Sunset Pines Drive, #14
Delray Beach, FL 33445
15 c/o Spencer 14561 Sunset Pines Drive
12-D Rldgeport Dr. Delray Beach, FL 33445
Boynton Beach, Fla. 33435
16 Foreman, James J. & Karen A.
14553 Sunset Pines Drive, #16
Delray Beach, FL 33445
17 Baublttz, Kenneth E. & Patricia
14545 Sunset Pines Drive
Delray Beach, FL 33445 -'
18 Askew, Kurt D.
14537 Sunset Pines Drive
Delray Beach, FL 33445
19 Roy, Arther R. & Nancy C.
14529 Sunset Pines Drive, #19
Delray Beach, FL 33445
20 Cantillo, Antonio & Marcela
14528 Sunset Pines Drive
Delray Beach, FL 33445
21 Sharp, Donald Jr.
14536 Sunset Pines Drive
Delray Beach, FL 33445
22 Moody, Thomas W. & Karen M.
14544 Sunset Pines Drive
Delray Beach, FL 33445
23 Escomllla, Homero & Kelly
14552 Sunset Pines Drive
Delray Beach, FL 33445
24 Rothman, Richard I.
14560 Sunset Pines Drive, #24
Delray Beach, FL 33445
25 Evenson, Thomas M. & Sherri L.
14568 Sunset Pines Drive
Delray Beach, FL 33445
- 2 -
BUILDING $ OWNER PROPERTY ADDRESS
26 Moody, E. Gene & Dorothy
4629 Pine Grove Drive
Delray Beach, FL 33445
27 Edelson, Kenneth B.
4633 Pine Grove Drive, #2?
Delray Beach, FL 33445
28 Wilcox, Brett D. & Collen J.
4637 Pine Grove Drive
Delray Beach, FL 33445
29 Moody Darlene
4641 Pine Grove Drive
Delray Beach, FL 33445
30 Fah¥, James T. a Willene J.
4645 Pine Grove Drive
Delra¥ Beach, FL 33445
31 Kelley, Robert L. & Mildred M.
4649 Pine Drive Drive, #31
Delray Beach, FL 33445
32 Patrick Donald a Catherine 4653 Pine Grove Dr
4 Slade Place Delra¥ Beach,
Bay Shore, NY 11706 Fla. 33445
33 Boemer, Herman J. a Margret B.
465? Pine Grove Drive
Delra¥ Beach, FL 33445
34 Ziegler, William A. & Anne M.
4659 Pine Grove Drive, #34
Delra¥ Beach, FL 33445
35 Ese&mill&, Homero & Kelley K.
14523 Wood Pine Drive
Delray Beach, FL 33445
36 Hazel, John A.
4634 Pine Grove Drive,
Delray Beach, 33445
37 Crespo, Francisco A. & Nydia M.
4630 P~ne Grove Drive, #37
Delray Beach, FL 33445
38 Taylor, Charles Ray
14531 Wood Pine Drive
Delra¥ Beach, FL 33445
-3 -
BUILDING # OWNER PROPERTY ADDRESS
39 Snyder, Thomas J. & Jean E.
14539 Wood Pine Drive
Delray Beach, FL 33445
40 Phillips, Ralph J. Jr.
14547 Wood Pine Drive, #40
Delray Beach, FL 33445
41 Lee, Terence P. a Dorothy R.
14555 Wood Pine Drive, #41
Delray Beach, FL 33445
42 Oberlander, Michael W. & Diane C.
4674 Pine Grove Drive, #42
Delray Beach, FL 33445
43 Martinez, Nllda a Carlos
4670 Pine Grove Drive,
Delray Beach, FL 33445
44 Pennell, Shawn M. & Dorothy
4666 Pine Grove Drive, %44
Delray Beach, FL 33445
45 Edwards, Karen M.
4662 Pine Grove Drive, #45
Delray Beach, FL 33445
46 Mary Lou Faelchle
4661 Pine Grove Dr.
Delray Beach Fla. 33445
47 Bliss, Robert Jr.
4665 Pine Grove Drive
Delray Beach, FL 33445
48 Moore, Charlle F. Jr. & Cindy J.
4669 Pine Grove Drive, #48
Delray Beach, FL 33445
49 ~.~ Rodrlguez, Abelardo & Jeanne M.
4673 Pine Grove Drive
Delray Beach, FL 33445
50 Wetdler, Sylvester J. & Anna M.
4678 Pine Grove Drive
Delray Beach, FL 33445
51 Nemeth, Gaza a Victoria
4682 Pine Grove Drive, %51
Delray Beach, FL 33445
- 4 -
BUILDING # OWNER PROPERTY ADDRESS
52 ~ Reissi, Mohammed R. & Carmen R.
4686 Pine Grove Drive, $52
Delray Beach, FL 33445
53 David, Jacobs R.
4690 Pine Grove Drive, $53
Delray Beach, FL 33445
54 Young, C.P. & Deborah L.
14587 Wood Pine Drive
Delray Beach, FL 33445
55 Salazar, Jatro & Clemencia
14579 Wood Pine Drive
Delray Beach, FL 33445
56 Rublo, Vincent a Melante L.
14571 Wood Pine Drive
Delray Beach, FL 33445
57 Betty, Montca H.
14563 Wood Pine Drive, #57
Delray Beach, FL 33445
58 Velazquez, Rtchardo E.
14596 Wood Pine Drive, $58
Delray Beach, FL 33445
59 Braun, Gregory E.
14604 Wood Pine Drive, %59
Delray Beach, FL 33445
60 Castellanos, Manuel A.
1961 N.E. 30th Court
Lighthouse Plont, FL 33064
61 Parrish, Rendee K.
14620 Wood Pine Drive
Delray Beach, FL 33445
62 Frederick, George & Elleen M.
4693 Pine Grove Drive, #62
Delray Beach, FL 33445
63 Dee, Nancy M.
4689 Pine Grove Drive 963
Delray Beach, FL 33445
64 Pollard Benjamin N.
4685 Pine Grove Drive, #64
Delra¥ Beach, FL 33445
- 5 -
BUILDING % OWNER PROPERTY ADDRESS
65 Tewell, Kent H. & Elizabeth A.
4681 Pine Grove Drive
Delra¥ Beach, FL 33445
66 Scalf, Dottle
4677 Pine Grove Drive, #66
Delra¥ Beach, FL 33445
- 6 -
£1T¥ BF BELBg¥ BEACH
/ !00 '!.¥V i lt AVENUE · DELRA'/ BEACH, FLORIDA 33444 · 407/243-7000
March 28, 1994 ®
]993
Mr. J.R. Harris
Auditor
Waste Management Co.
651 Industrial Way
Boynton Beach, FL 33426
Re: Annexation Ordinances/City of Delray Beach
Dear Mr. Harris:
As requested, enclosed please find copies of the ordinances and
other pertinent information relating to recent annexations by the
City of Delray Beach, Florida. They are as follows:
Ordinance No. 44-93 (Taheri Annexation)
Adopted August 10, 1993/effective immediately
Ordinance No. 62-93 (Sunset Pines, et al)
Adopted November 9, 1993/effective immediately
Ordinance No. 6-94 (A portion of Blood's Groves) Adopted March 22, 1994/effective immediately
Ordinance No. 7-94 )
Ordinance No. 10-94 )
Ordinance No. 13-94 ) North Federal Highway Annexations
Ordinance No. 14-94 ) effective immediately (3/22/94)
Ordinance No. 15-94 )
Ordinance No. 17-94 )
I believe Waste Management was previously provided copies of
Ordinance Nos. 44-93 and 62-93. In the future, I will route
information concerning annexations directly to your attention.
If you have any questions, please do not hesitate to contact me at
407/243-7050.
Sincerely,
Alison MacGregdr Harty
City Clerk
AMH/m
Enclosures
THE EFFORT ALWAYS MATTERS
Printed C,~ Recycled
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
DATE: November 3, 1993
This is the second reading of an ordinance annexing (3) parcels of
land to the City, with initial City zoning of NC (Neighborhood
Commercial) District; POD (Professional Office) District; and RM
(Multiple Family Residential - Medium Density) District; said land
being located on the north side of West Atlantic Avenue between
Barwick Road and Military Trail.
This annexation involves the calling in of water service agreements
for Discount Auto Parts, Delray Medical Center and Sunset Pines
Condominiums.
Accommodating the annexation of these properties and affixing initial
City zoning designations of POD, RM and NC, is consistent with the
City's program for annexation of territory within its Planning and
Service Area.
The Planning and Zoning Board at their October 18th meeting recommend
approval. One property owner (Arlene Spodak) spoke in opposition to
the initial zoning designation of POD in that it removes the
commercial use potential for the property. A detailed staff report is
attached as backup material for this item.
At the October 26th regular meeting, Ordinance No. 62-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 62-93 on second and final
reading.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM CITY MANAGER
ORDINANCE NO. 62-93
DATE: October 22, 1993
This is the first reading of an ordinance annexing (3) parcels of land
to the City, with initial City zoning of NC (Neighborhood Commercial)
District; POD (Professional Office) District; and RM (Multiple Family
Residential - Medium Density) District; said land being located on the
north side of West Atlantic avenue between Barwick Road and Military
Trail.
This annexation involves the calling in of water service agreements
for Discount Auto Parts, Delray Medical Center and Sunset Pines
Condominiums.
Accommodating the annexation of these properties and affixing initial
City zoning designations of POD, RM and NC, is consistent with the
City's program for annexation of territory within its Planning and
Service Area.
The Planning and Zoning Board at their October 18th meeting recommend
approval. One property owner (Arlene Spodak) spoke in opposition to
the initial zoning designation of POD in that it removes the
commercial use potential for the property. A detailed staff report is
attached as backup material for this item.
Recommend approval of Ordinance No. 62-93 on first reading.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~.~KOVACS~i~~, 2TOR
FROM: PAUL DORLING~SENIOR PLANNER
SUBJECT: MEETING OF OCTOBER 26, 1993
ANNEXATION AND INITIAL ZONING OF THE DISCOUNT AUTO
PARTSt DELRAY MEDICAL CENTER AND SUNSET PINES
CONDOMINIUM DEVELOPMENT TO (NC) NEIGHBORHOOD
COMMERCIALt (POC) PROFESSIONAL AND OFFICE DISTRICT~
AND (RM) MULTIPLY FAMILY RESIDENTIAL~ RESPECTIVELY.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
apDroval on first reading of an ordinance to annex the
Discount Auto Parts, Delray Medical Center and the Sunset
Pines Condominium Development and apply initial zoning
designations of (NC) Neighborhood Commercial, (POD)
Professional and Office District and (RM) Multiple Family
Residential, respectively.
The properties are located on the north side of Atlantic
Avenue between Barwick Road and Military Trail.
BACKGROUND:
Water service agreements for the subject parcels were signed on
April 23, 1979 & April 27, 1981 (Sunset Pines Condominiums),
February 14, 1991 (Delray Beach Medical Center), and June 29,
1993 (Discount Auto Parts). Within each water service agreement
the standard annexation clause was included. With the execution
of the Discount Auto Parts water service agreement (June, 1993)
it became possible to annex these three contiguous parcels.
Prior to this time annexation was not possible in that the third
parcel (Discount Auto Parts) would have been made an enclave.
On August 24, 1993 the City Commission initiated annexation of
the above properties. On October 7, 1993 staff held a meeting
with the Sunset Pines condominium owners to explain the impacts
and benefits of annexation. This meeting was attended by
approximately thirty residents.
An analysis of the financial impacts to the properties being
annexed as well as the fiscal impacts on the City are explained
in detail in the attached staff report. For a complete analysis
of this request please refer to the attached annexation staff
report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed the annexation and initial
zoning request at their October 18, 1993 regular meeting. Two
members of the public spoke, the first was Arlene Spodak, owner
of the Delray Medical Center. While she did not oppose
annexation she objected to the initial zoning designation of
(POD) Professional and Office District. The objection was that
it removes commercial potential (restaurant use) the property
currently enjoys under the existing county zoning district of
(CHO) Commercial High Intensity Office District. The second
member of the public Thelma Boast, Vice President of Highland
Trailer Park stated that similar street names within Sunset
Pines (Sunset Pines Drive) and Highland Trailer Park (Sunset
Drive) creates confusions for EMS, Police, and mail delivery.
After taking public testimony the Planning and Zoning Board
recommended approval of the annexation and initial zoning
designations on a unanimous 7-0 vote.
One letter of support was received from Neil Macmillan owner of
the Barnett Bank south of the sites to be annexed.
RECOMMENDED ACTION:
By motion, approve the annexation of Discount Auto Parts, Delray
Medical Center and the Sunset Pines Condominium Development
with initial zoning designations of (NC) Neighborhood
Commercial, (POD) Professional and Office District and (RM)
Multiple Family Residential, respectively.
Attachment:
* Annexation Planning and Zoning Board report
of October 18, 1993
y:sunset/pd
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: OCTOBER 18, 1993
AGENDA ITEM: IV. A.
ITEM: ANNEXATION OF SUNSET PINES, DISCOUNT AUTO PARTS AND
DELRAY MEDICAL CENTER
- ~' '~-
,. ATLA# TIC
GENERAL DATA:
O~nerl ................... ii Individual Unit Ovnerl {lunllt
PInil Condoeiniul)
OJlcount Auto flCtl (OilCOUt Auto
P&Ftl Store)
#yiel lad Aziene S~lk (De~:ly
Censer)
~oca~on ................. ~orLh of AcJln~[c Avenue,
~/4 ~l vll~ ii k~Jc~
Coun:y ~hd Ull ~la ..... ~-S (HultJple ~JZy
~-I (Cw/cll~ v~th I
~LviZen: o~ I un,ti/loll}
C~ttinc County Zoning .... ~ (Nultlple emily leeLdehtLmZ) -
~ (CwKJI~ ~nicl~) - D~lcoun~ Auto
Pco~ied C[[y Zoning ..... ~ (~ut[lpte ruS[y Aealden[tlt -
A~to
~ (fto(e,lJonl[ O~tJce Dtl[zJct)
~ltay N~tca~ Ceh~er
Ad3ecefl~ ZonLng...Hoc~ ~ (Sifllle FMIXy ReoldefltfeX - County
Zoning)
EiI~8 ~ (Koblle H~) a~ ~
Southl ~ (flaflfl~ Off[ce Center) lad A
(Aqrlculturii)
Exts~Aflg ~fld Uooo ....... AuCo Per~g S~ore, M~ACi~ Office
a~ 8 66 unit coad~tflt~.
Varec Senice ............ [xllttflg Il' viler Miff along
Avenue a~ afl O' Mtn oozing Su~e~
PL~o
Sewer Se~tce ............ Planned l" s~ec Mia along At[afl[lc IV.A.
Avenue and an O' Mia ae~lng Su~e~
Pities Co~d~flt~.
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation on
a City initiated voluntary annexation (pursuant to Florida
Statute 171.044) for Discount Auto Parts, Delray Medical Center
and the Sunset Pines Condominium development with initial zoning
of NC (Neighborhood Commercial), POD (Professional and Office
District.), and RM (Multiple Family), respectively.
LDR Sections 2.4.5 (C) and (D) provide rules and procedures for
the processing of this petition.
The subject properties are located on the north side of Atlantic
Avenue between Barwick Road and Military Trail.
BACKGROUND:
Water service agreements for the subject parcels were signed on
April 23, 1979, and April 27, 1981, (Sunset Pines Condominiums);
February 14, 1991, (Delray Beach Medical Center); and June 29,
1993, (Discount Auto Parts ). Within each water service
agreement the standard annexation clause was included.
With the execution of the water service agreement for the
Discount Auto Parts parcel (June, 1993), it has become possible
to annex these three contiguous parcels. Prior to this time,
annexation was not possible in that the third parcel (Discount
Auto) would have been made Into an enclave.
Pursuant to our annexation proposal, the parcels are being
processed for annexation. An official act of initiating the
annexation was accomplished by the City Commission on August
24,1993.
PROJECT DESCRIPTION:
The territory to be annexed includes two commercial
developments, the recently constructed Discount Auto Parts, and
the Delray Medical Center. These commercial properties take
access from Atlanti~ Avenue. The proposed annexation area also
includes the Sunset Pines condominium development which contains
60 single condominium units and 3 duplex condominium units. The
condominium development has two points of access, one from Pine
Grove Drive off Barwick Road and the other by private access
easement across the Delray Medical Center from Atlantic Avenue.
The area being annexed will include the north 1/2 of Atlantic
Avenue adjacent the commercial properties as well as the 60'
L.W.D.D. canal north of the Sunset Pines Condominium
development. ~ : ~
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 2
ANNEXATION ANALYSIS:
Ail the executed water service agreements contain a paragraph
considering the executed agreement as a voluntary petition for
annexation. This clause is a covenant running with the land and
all subsequent transferees. The Discount Auto parts and Delray
Medical Center agreements were executed by the current owners of
the properties. The water service agreements for Sunset Pines
Condominiums was executed by the developer of the units.
Florida Statutes ~overning 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 property is contiguous with the City, reasonably
compact, and its annexation will not create an Enclave.
The annexation will reduce a finger of County property,
which extends into the municipal boundaries.
Land Development Requlations qoverning annexations,
Pursuant to Land Development Regulation Section 2.4.5 (C) "the
City can initiate an annexation of private property if said
right has been delegated via provisions of a water service
agreement" .
COMPREHENSIVE PLAN ANALYSIS:
Consistency between the City and County Land Use Map
Designations~
The City's current Future Land Use Map designation for all
properties is- "Transitional". The County's Land Use
Designation for Discount Auto Parts and Delray Medical
Center is "CH-8 Commercial High Intensity with an alternate
residential density of 8 units per acre". The County's
Land Use designation for Sunset Pines Condominiums is "MR-5
Medium Residential 5 units per acre".
The City's "Transitional" land use designation allows
residential development at a density between five and
twelve units per acre and nonresidential development at an
i~emsity equivalent to that associated with medium density
residential uses.
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 3
The City's "Transitional" Land Use Designation is
consistent with the MR-5 Medium Residential County Land Use
Designation. However, the "Transitional" land use
designation is not consistent with the CH-8 Commercial High
Intensity County designation . The highest intensity
commercial deemed consistent with the City's Transitional
land use designation is of a neighborhood commercial
nature.
The City's FLUM designations as initially contained on the
City's Future Land Use Map adopted in November, 1989 (and
as formally amended subsequently) are deemed to be the
Future Land Use designations upon annexation.
Adjacent Land Use Map designations and Land uses:
The surrounding Land Use Map designations to the east, west
and south is "Transitional". The Land Use Map designation
to the north is Low Density (0-5 units per acre) in the
City and Low Residential (3 units per acre) in the County.
The existing Land Uses are "Residential" (Highland Mobile
Home Park) to the east, "Lloyds Auto Repair Center &
Delray Office Plaza to the west, Residential to the north
(Franwood subdivision), and Commercial to the south
(Barnett Bank).
Consistency with the City's Comprehensive Plan=
Designa~ed Annexation Area: The territory to .be annexed is
located within "designated annexation area No. 4" east of
Military Trail and north of Atlantic Avenue. Annexation of the
territory is consistent with Policy B-3.4 of the Future Land Use
Element, which calls for annexation of eligible properties.
Provision of Services= When annexation of property occurs,
services are to be provided in a manner which is consistent with
services provided to other similar properties already in the
City (Future Land Use Policy B-3.1). The following is a
discussion of requi~ed services and the manner in which it will
be provided.
Police: This property is currently serviced by the Palm Beach
County Sheriff's Office, located at 345 South Congress, which
serves the South County area. The property lies within Sheriff
patrol zone 4. Zone 4 is bordered by E1 Clair Ranch Road on the
west, the Atlantic Ocean on the east, Boynton Beach on the
north, and Atlantic Avenue to the south. One officer is
assigned to a particular zone during a shift (three shifts per
day). Additional response can be~ mustered from "Cover Cars"
which roam throughout zones randomly, depending on their
availability in South County during that time.
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 4
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 site.
Fire and Emergency Services~ The annexation of this area will
not require additional manpower. The municipal area is served
by Fire Station No. 4 (Barwick and Lake Ida Roads).
With annexation, the property will receive an improvement in
response time from the current 7 minutes of the County Fire
Department (Clint Moore Road and Military Trail) to
approximately 2 minutes for the City's Fire Department (Lake Ida
and Barwick Roads).
Water: The existing Delray Medical Office building and Discount
Auto Parts receive potable water service from a main along the
north side of Atlantic Avenue. Fire suppression will be
provided from fire hydrants located along Atlantic Avenue. The
minimum 300' commercial hydrant spacing is met.
Potable water to the Sunset Pines Condominium is provided from
8" mains which run throughout the development. These mains loop
to a 12" main along Barwick Road and the 12" main along Atlantic
Avenue. Each of the 66 condominium units is served by an
individual water meter.
Fire suppression for Sunset Pines Condominiums is provided by
fire hydrants which exist on the 8" main system. The 500'
residen'tial fire hydrant spacing is met throughout the
development.
The City maintains the water mains along Atlantic Avenue and
within the Sunset Pines Subdivision. The mains along Atlantic
Avenue are .located within the public right-of-way while the
mains within the Sunset Pines are not in specific easements.
Within the Sunset Pines condominium documents, public utility
companies are granted the right to install, connect and
maintain, from time to time, water mains across the entire
property (within the common elements and limited common elements
areas). As the condominium documents can be amended without
City participation it would be appropriate to obtain specific
utility easements as the opportunity presents itself. The
Environmental Services Department has agreed to create the
specific legal descriptions for execution by the property
owners...
Sewer: ~he~elray Medical Center and Sunset Pines Condominiums
are served by 8" sewer mains which gravity flow to the north to
Lift station #86, recently relocated to the Palm Beach County
Middle School on the east side of Barwick Road.
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 5
As with the water mains, no specific utility easements exist for
the sewer mains. The condominium documents provide a blanket
easement over the property giving public utility companies the
right to install, connect and maintain, from time to time, sewer
mains across the-entire property (within the common elements and
limited common elements areas). The Environmental Services
Department has agreed to create the specific legal descriptions
· for execution by the property owners.
The Discount Auto Parts store is currently served via a
temporary connection into the sewer main within Sunset Pines.
The City is constructing a new sewer main which will run in
front of the site. Once completed, Discount Auto Parts will
reroute their service connection to this main.
The new sewer main which will serve the Discount Auto Parts
store is located within the public right-of-way.
Streets: The Discount Auto parcel and Delray Medical Center
parcel have direct access from Atlantic Avenue. The Sunset
Pines Subdivision takes access from two points. Twenty-five
units within the subdivision have access via a private access
easement along the west side of the Delray Medical Center. The
balance of the subdivision (35 single, 3 duplexes-6 units) takes
access via Pine Grove Drive a public street (privately
maintained) which runs through the Highland Trailer park.
The 50' private access easement across the western edge of
Delray Medical Center is known as Delray Medical Center Drive.
This access easement is not a street and is located on private
property. Therefore, the private access easement will not be
maintained by the City.
The streets within the subdivision were created as common areas
and, as such, are not delineated as right-of-way tracts in the
condominium documents. A site visit was conducted on July 9th,
1993 with the City's Traffic Engineer. The streets within
Sunset Pines were found to be excess of the standard 24' width
and in adequate condition. A few pot holes were noted. Upon
closer inspection, a substandard asphalt depth of less than an
inch over stabilizes base was revealed.
The streets are currently privately owned and maintained. There
are no sidewalks. Given the above, the Sunset Pines streets
will not be taken over by the City (ownership or maintenance)
with annexation and any deficiencies in the street system will
remain the Condominium owner's responsibility.
Parks and Open Space: The annexation of the two commercial
properties will not create additional~ impact on park and
recreational facilities. As Sunset Pi~e~ i% located within the
City's Planning area, thus, the demands for parks and recreation
facilities have been accounted in the City's Comprehensive Plan.
No deficiencies are noted for this area in the plan.
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 6
Financial Impacts~
Effect Upon Annexed Property:
For the 1992 tax year the Delray Medical Center had an assessed
value of $400,000 and the Discount Auto Parts Store site, had an
assessed'value of $245,570.00. The 66 condominium units within
Sunset Pines Condominium had an assessed value of $3,776,380.
Fifty seven of the units qualified for Homestead exemption
representing a reduction of taxable assessed value of $1,425,000
for a net taxable value to $2,351,380.00.
With the change from County to City Jurisdiction, the following
taxes and rates will be affected:
Ad Valorem Taxes Millage With Annexation
Fire /Rescue MSTU 2.6201 Deleted (County)
Library .3915 Deleted (County)
City Of Delray Beach 6.8600 Added (City)
City of Delray Beach Debt 1.1400 Added (City)
4.9884 Difference*
* Total tax millage in the County is 20.1397 mills while in
the City the total millage rate is 25.1281
The Delray Medical Center will have an increase in 1993 taxes
from $8,055.88 to $10,051.24 a year (approximately $1,995.36).
The Discount Auto Parts store will have an increase in taxes
from $4,945 to $6,170.70 (approximately $1,225.70). This
value will increase to approximately $13,206.57 in 1994 when
the assessed value is adjusted by adding the new building value
of approximately $280,000. The average Sunset Pines Condominium
unit with Homestead Exemption will have an increase in taxes
from $648.86 to $809.57 ($160.71 a year). The average Sunset
Pines Condo without Homestead Exemption will have an increase
from $1,152.33 to $1,437.75 ($285.42 a year).
In addition to property taxes, the following Non Ad Valorem
fiscal impositions apply:
Delra¥ Beach Stor~ Water Utility - This City assessment will be
approximately $12.70 per condominium unit based upon the
combined impervious area of the buildings and private street
system. This calculation includes a 25% Discount for private
streets and 25% discount for being within the L.W.D.D. The
storm water assessment fee for the Discount Auto Parts Store
will be approximately $181.13 a year and for the Delray Medical
Center approximately $181.71 a year. These calculations include
a 25% discount for on-site retention and a 25% discount for
being within the L.W.D.D.
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 7
Solid Waste Authority - The Sunset Pines Condominium units will
experience an increase in rates from the new County rates of
$129.00 to $172.76 per unit (an increase of $43.76). The flat
rates for the commercial properties will remain the same at .064
per sq.ft or $640.00 a year for Discount Auto Parts and $470.40
per year for Delray Medical Center. These flat fees cover
disposal.and the base facility fee only. Collection rates will
be negotiated with Waste Management on an individual basis and
will vary depending on dumpster size and frequency of pick up.
Water/Sewer Rate Reductions - Out of City water and sewer
utility customers are charged a 25% surcharge. Upon annexation
the Sunset Pines Condominium units should see an average
reduction of $8.81 a month or $105.71 annually in their combined
utility bill (based on unit average of 5,390 gallons per mouth).
The Delray Medical Center will see an average reduction of
approximately $22.47 a month or $269.64 annually (based on
average 10,750 gallons per month). No utility data was
available for the newly opened Discount Auto Parts store.
Resulting Impacts to Property Owners~
TABLE A
IMPACT ON OWNER OCCUPIED UNIT (WITH HOMESTEAD EXEMPTION}
FINANCIAL CONSIDERATIONS~
AD VALOREM TAXES + $160.71
(Change in 1993/94 county rate of
20.1397 mills to City 93/94 rate
of 25.1281 mills. Difference of
4.9884 mills.
NON AD VALOREM + $56.46
Stormwater Assessment
Approx. $12.70 per unit
Solid Waste Collection
Difference 6f $43.76
WATER & SEWER UTILITY FEES - $105.71
Current rate less 25% surcharge
for out of City residents
ANNUAL FINANCIAL IMPACT: + $111.46
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 8
SERVICE CONSIDERATIONS~
FIRE RESPONSE + Faster response time based on
increase proximity (1.29 miles
verses 3.92 miles).
EMS + Faster response time based on
increase proximity (1.29 miles
verses 3.92 miles).
POLICE + Better response based upon
more officers in field.
CODE ENFORCEMENT + Pro-active, verses reactive
opportunity to work with
homeowners
TABLE B
IMPACT ON OWNER OCCUPIED UNIT (WITHOUT HOMESTEAD EXEMPTION)
FINANCIAL CONSIDERATIONS l
AD VALOREM TAXES + $285.42
(Change in 1993/94 county rate of
20.1397 mills to City 93/94 rate
of 25.1281 mills. Difference of
4. 9884 mills.
NON AD VALOREM + $56.46
Stormwater Assessment
Approx. $12.70 per unit
Solid Waste Collection-
Difference of $43.76
WATER & SEWER UTILITY FEES - $105.71
Current rate less 25% surcharge
,for out of City residents
ANNUAL FINANCIAL IMPACTI + $236.17
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 9
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time based on
increase proximity (1.29 miles
verses 3.92 miles).
EMS + Faster response time based on
increase proximity (1.29 miles
verses 3.92 miles)
POLICE + Better response based upon
more officers in field.
CODE ENFORCEMENT + Pro-active verses reactive
opportunity to work with
homeowners
Fiscal Impacts to the City: At the 1993 City operating millage
rate of 6.86 mills and debt rate of 1.14 mills, the 66 units
within the Sunset Pines Condominium properties will provide
$16,130.47 and $2,680.57 respectively in new ad valorem taxes to
the City per year. The Discount Auto Parts Store and Delray
Medical Center will provide a total of $4,428.61 (operating
budget) and $735.94 (debt service). This is a total property
tax increase of $23,975.59.
The Sunset Pines Condominium development will add approximately
124 new residents to the City. This population is calculated
using the 2.17 (City average persons per household) multiplied
by the number of units (66) and divided by vacancy rate (number
of non-homestead exemptions). The utilization of the non-
homestead units for vacancy rates gives a more representative
population impact of this development on City services.
However, after annexation the population increase would be
factored using the City-wide vacancy rate of 77% resulting in a
population increase.credit of. only 111 persons. Using the more
representative population increase of 124 persons will result in
a per capita revenue gain of approximately $11,194.72 ($90.28
per person). The major sources of per capita reimbursements are
from cigarette tax, sales tax, and state revenue sharing funds.
Additional revenues will be realized through the annual
collection of the stormwater assessment fee ($1,201.04 annually)
as well as occupational license fees (Delray Medical Center and
the Discount Auto Parts store), utility taxes (8.5% electric, 7%
telephone) and franchise fees on electric, telephone and cable.
The City Utility Fund will realize a revenue loss of $6,974.52
(Sunset Pines) and $269.64 (Delray Medical Center) for a total
of $7,244.16 with the elimination of the City water and sewer
25% surcharge assessed on out-of-city utility users. Revenue
figures for Discount Auto Parts Store were not available.
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 10
TABLE C
FINANCIAL IMPLICATIONS TO THE CITY
SUNSET DISCOUNT DELRAY
PINES AUTO PARTS MEDICAL
AD VALOREM TAXES +$18,811.04~$1,964.56 +$3,200.00
~%$4,204.56
PER CAP REIMBURSEMENTSI +$11,194.72 .00 .00
UTILITY TAXES:
Electric (1): +$4,845.66 NA +$313.50
Natural gas (2): .00 .00 .00
Phone (3): +$115.50 +$17.50 +$17.50
Cable (4): +$115.50 .00 .00
NEW FRANCHISE FEESI
Electric (5): +$3,634.25 NA +$198.00
Phone (6): +$16.50 +$2.50 +$2.50
Natural Gas (7): .00 .00 .00
Cable (8): +$49.50 .00 .00
ASSESSMENTS~
Stormwater Assessment +$838.20 +$181.13 +$181.71
UTILITY SERVICE FEES~
Water Utilities (9) -2,966.04 .00 -$115.68
Sewer Utilities (9) -4,008.48 .00 -$153.96
ANNUAL TOTAL: +$32,646.35 ~$2,165 69 +$3,643.57
%$4,405169
COMBINED TOTAL: +$38,455.61
, +$40,695.61
NA- Data not available
* Based on an updated assessment to include new building
valued of assessed value of approx. $280,000.
(1) Electric Utility Tax based on 8% residential 9.5%
commercial - FPL 1992 residential, average annual bill ($917.74)
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 11
(2) Natural Gas Utility Taxes are based on 8.5 % of Gas bill
(3) Phone Utility Taxes are based on 7% of phone bills -
monthly average of $25.00 per unit has been used.
(4) Cable Utility Taxes are based on 7% of cable bill
an average of $25.00 per unit has been used.
(5) Electric Franchise fees based on 6% of utility bills
FPL-1992 average annual residential bill $917.74.
(6) Phone Franchise fee based on 1% of utility bill
(7) Natural Gas Franchise fees are based on 5 % of gas bill
(8) Cable Franchise Fees are based on 3% of cable bill
(9) Represents loss of 25% surcharge assessed out of City
utility users
ZONING ANALYSIS:
The proposed initial City zoning of the Sunset Pines
Condominiums is RM (Multiply family residential-medium density),
Delray Medical Center is POD (Professional and office District),
and Discount Auto Parts is NC (Neighborhood Commercial). The
current County zoning designations are RM ( Multiple family
residential-medium density) for the Sunset Pines Condominiums,
CG (General Commercial) for the Discount Auto parts and CHO
(Commercial High Intensity Office District) for the Delray
Medical Center.
The surrounding zoning designations are PC (Planned Commercial)
to the west (Lyodds Tire shop), POC (Planned Office Center) to
the south (Barnett Bank), MH (Mobile Homes) and NC (Neighborhood
Commercial) to the east (Highland Trailer Park and Handy Market)
all within the City limits. To the north is the Franwood
Subdivision in un-incorporated Palm Beach County zoned RS
(Residential Single family).
Both the City zoning designations of RM and POD for Sunset
Pines and Delray Medical Center are similar to the existing
County designations and represents the existing use of the
property. The proposed NC zoning district for Discount Auto
Parts will be more restrictive than the existing County "General
Commercial" designation with respect to the range of commercial
uses.
Under the NC designation the existing auto parts store use will
be non-conforming. This situation was acknowledged by the City
and property owner during negotiations of the water service
agreement signed on June 29, 1993. Upon annexation only the
City zoning designation is applicable.
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 12
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 Sunset Pines Condominiums and the Delray Medical office
use are permitted uses under the RM and POD zoning
designations. It is noted the Sunset Pines Condominium
density is 7.55 units per acre which is consistent with the
5-12 units per acre RM density range. The Discount Auto
Parts store is not allowed under the NC zone district.
This use will come in as a nonconforming use and will be
allowed to continue pursuant to the non-conforming
regulations (LDR Section 1.3.5).
The RM, POD and NC zoning designations are consistent
with the underlying "Transitional" Land Use Designation.
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 change in the manner in
which water, sewer, and drainage services will be provided.
Fire, Police, EMS and Solid Waste 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 Regulationlz
Upon annexation the existing buildings will come under the
development regulations of the City. Any future modifications
to the sites must comply with the LDR's.
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~ tha 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~
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 13
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within stable residential areas shall be
denied.
As this is an initial zoning affixing zoning
designations which represent the existing land uses or
appropriate future development direction this standard
does not apply.
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 if an lncompatibLlit¥ may occur, that
sufficient regulations exist to properly mitigate adverse
impacts from the new use.
The initial zoning designations represent the existing
commercial, office and residential land uses. The
commercial and office zoning designations are
compatible with adjacent commercial uses and the
[tM residential designation is compatible with adjacent
residential uses and acts as a transition between the
single family to the north and commercial to the
south.
Pursuant to Section 2.4.$(D)(1), a ]ustiflcation statement
providing the reason for which the change is being sought must
accompany all rezoning requests. Tho Code further identifies
certain valid reasons for approving the change beLng sought.
As this zoning petition before you involves initial zoning
designations to be assigned to properties being annexed,
the above section does not apply.
OTHERt
Within the Sunset Pines Condominium Development, 25 units front
on Sunset Pines Drive. A street named Sunset Drive exists
immediately to t~e east in Highland Trailer Park. In
discussions with the Sunset Pines Condominiums Association
President, the similar street names have created confusion with
both mail and emergency services.
With annexation both streets will be within the City Limits. To
eliminate potential confusion, it is recommended the Sunset
Pines Drive street name be changed to a street name selected by
the residents. Pursuant to LDR Section 2.2.2 (E)(6), the
Planning and Zoning Board shall review street names and provide
a recommendation to City Commission.
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 14
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).
On September 20, 1993 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 the property owners of Discount
Auto Parts and Delray Medical Center. The Planning Department
has also contacted the President of the Sunset Pines Condominium
and held a public meeting with residents on October 7, 1993. In
addition, courtesy notices were sent to Helen Coopersmith
(PROD), Art Jackel (United Property Owners), and Charles Raible
(Highland Park Company).
Public hearing notices were sent to all property owners being
annexed as well as property owners within 500 feet.
ASSESSMENT AND CONCLUSIONS:
Accommodating the annexation of these properties and affixing
initial City zoning designations of POD,RM, and NC is consistent
with the City's program for annexation of territory within its
Planning and Service Area.
The annexation of the properties will provide the affected
residents with better Police, Fire, EMS and Code Enforcement
services. The annexed areas will experience an increase in
taxes, stormwater assessment fees, and solid waste fees which
will be partially offset by lower water and sewer rates. The
increase will be $111.46 annually (with homestead exemption) or
$236.17 (without homestead) per Condominium unit within Sunset
Pines (see Tables A & B). The Discount Auto Parts store and
Delray Medical Center will see an increase of $1,406.83 and
$1,907.43 respect lye ly.
The City will receive additional revenue from additional
property taxes, stormwater assessment fees, per capita
reimbursements and associated utility taxes and franchise fees.
There will be a decrease of $6,974.52 in sewer and water utility
fees, however an increase from other revenues will result in a
net increase to the City of approximately $38,455.61 a year.
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 15
ALTERNATIVES:
A. Continue with direction.
B. Recommend approval of the annexation with initial zoning
designations of RM (Multiple Family Residential), POD
(Professional and Office District), and NC (Neighborhood
Commercial).
C. Recommend denial of the Annexation and/or initial zonings
with the basis stated.
STAFF RECOMMENDATION:
Recommend approval of this annexation with initial zoning
designations of RM (Multiple Family Residential ), POD
( Professional and Office District ), and NC ( Neighborhood
Commercial) upon positive findings with respect to Section
3.1.1, Section 3.3.2 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.
PD/SUN. ~OC
ANNEXATION AREAS
ANNEXATION AREAS
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~-~{ ' COUP~E)~:xSr4; Pt,~.
CITY OF I:)~.RAy 9F..ACH, Fl.
PLANNING OEPARTId[NT .........
~' LOCATION MAP
~ . FRANWOOD DRIVE
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,.. : ~. .,. .-. , " _l~l
7:00 P.kL, far et am/ ¢onflnuatim
such meel~g wNch is ~ ~ ~ ~
Legal N~I~e m~, m T~, ~
6~h, at ~ ~ ~ C~ C~mi~
NANCES OF ~E CITY ~ DELRAY si~ will c~ ~r ~. T~
, BEACH, FLORIDA, BY ~ENOING ~ ~ei~e may ~ i~
~ SUBSECTION ~.&.~(E), 'IN LiEU at ~ ~ke ~ t~ Cl~ C~ ~
FEE'~ TO REVISE* THE fN LiEU Ci~ Hall, ~ N.W. 1~ A~ ~y
PARKING FEE GENERAL PROVI- ~, Fi~, ~ I:~ A.M. ~
SIGNS, TO REVI~E THE IN L]EU P.M., ~v ~h Fr~ay,
PARKING FEE TO ~,~ PER ~iia~ys. All i~t~ M~i~ are
SPACE, PROVIDING A SAVING vit~ to afl~ ;M ~ ~d with
CLAUSE, A GENERAL REPEALER ~1 to the~ ~din~.
CLAUSE, AND AN EFFECTIVE
DATE. ~ ~
~~ AN ORDINANCE OF THE CiTY COM-
MISSION OF THE CiTY OF DELRAY
AN ORDINANCE OF THE ~ITY COM- 8EACH, FLORIDA, REPEALING
MINION OF THE CITY OF DELRAY DINANCE N~gER ~ tN ITS EN-
6EACH, FLORI~ ~ND]NG TIRETY, AND ENACTING A NEW
CHAPTER 4, ~ONING RE6~ ORDINANCE ~ENDING CHAPTER
TION$", SECTI~ J.~2~ ~LD ~, ~EWERS' OF THE CODE OF OR-
SC~L SQUARE HISTORIC ARTS DiNANCES OF THE CITY OF DEL-
DISTRICT (OS~AD)', OF THE RAY 6EACH, FLORIDA,
~ND DEVELO~ENT REGULA. AMENDING SECTION ~.31,
TIONS OF THE CODE OF ORDI. "CONNECTION CHARGES; EXCEP-
NANCES OF THE CITY ~ DELRAY TiDe, TO CLARIFY WHEN A SEW-
6EACH, FLORIDA, BY ~ENDI~ ER CONNECTION CHARGE MUST
SUBSECTION 4.4.24(G~ BE PA~D; BY REPEALING SECTION
'SUPPLEMENTAL DISTRICT REG~ ~.~ AND ENACTING A NEW SEC-
LATIONS', TO PROVIDE FOR A ~E- TION ~.~, ~ERVICE RATES AND
DUCTiON IN THE PARKI~ RE- CHARGES' BY.~ENDING SECTION
QUIREMENTS FO~ NEW ~VELOP- ~.~, ~1~ AND METHOD OF PAY-
MENT OR CHANGES fN USE SUBSE- MENT OF SERVICE CHARGES', TO
QUENT TO JANUARY 1, 1~4; PR~ C~RIFY T~ COLLECTION ~ETH-
VJDJNG A ~AV~ ~USE, A G~ O0 OF SE~R CHA~GES; PROVI~
ERAL REPEALER C~USE, AND lNG A SAVING C~USE, A GENER-
AN EFFECTIVE DATE. AL REPEALER C~USE AND AN
EFFECTIVE DATE.
Plea~ ~ advi~ ~ if a ~ ~
m~ by t~ Ci~ C~i~ wi~ ~
~ ~ any m~ ~i~ at ~& AN OROI~NCE ~ THE CITY C~
~ ~ ~i~ ~h ~(~ MINION OF THE CITY OF DELRAY
'. a r~~~ BEACH, FLORt~, ANNEXING
i~ ~ ~ ~~ ~ THREE (3) PARCELS ~ ~NO TO
~.(~ ~Y ~ ~.~e ~ a - THE Cl~ OF OEL~Y BEACH,
~*m r~ i~ ~ ~1~ FLORIDA WITH iNITIAL CITY ZON-
MERCIAL) DISTRICT,
~ ~re ~a ~. ~ ~ IPROFESSIONAL OFFICE
F.S.~.01~. TRICT) AND ~ (MULTI~E F~I-
LY RESIDENTIAL - MEDIUM DE~
CITY~LRAYB~CH SITY) DISTRICT; ~ID ~ND LY-
AI~~H~ lNG AND BEING IN SECTION 13,
Ci~C~ TOWNSHIP ~ ~UTH, RANGE
EAST, PA~ BEACH COUNTY,
PUBLISH: ~, ~ FLORfD~ L~ATED ON THE
.O,T. s.o o,
THE BOUNDARIES ~ ~ID CITY
TO INCLUDE ~ID ~RD; PROVI~
lNG FOR THE ~GH~ AND
GATI~ OF ~ID ~ND; PR~I~
lNG A GENE~L REP~LER
C~USE; A ~VING C~USE: AND
AN EFFECTIVE ~TE.
AN ~OI~E OF THE CITY
,MI~I~ OF THE CITY ~ ~L~Y
BEACH, FLORIDA,
CHAPTER & ~ONI~
TfONS', SECTION 4.~!3 ~ENTRAL
BUSINESS (CBD) DISTRiCt,
4.4.13
~UPPL~ENTAL DISTRICT REG~
~TI~, ~ THE ~
~NT ~T~' OF T~
c~ ~.~Y ~H, F~F
~ TO ~i~ THE PARKI~
RE~IR~N~ ~ THE CE~
TRAL BUSI~E~ OISTRICT, PR~
VIDING A ~VI~ C~USE, A ~
ERAL RE~LER C~E, A~
AN EFFECTIVE ~TE.