Loading...
19-92 JUL-OS-t.t??2 0;..,Yam ~'~- ":,. nc;)-'~."/, n ORB 73~.3 P~ 35 [lTV I]F E]ELIIIIV BEIIgH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 CERTIFICATION I, ALISON MacGREGOR HARTY, City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached is a true and correct copy of Ordinance No. 19-92 which was passed and adopted in Regular Session on the 23rd day of June, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Delray Beach, Florida, on this the 29th day of June, 1992. Alison Ma~reg6~Hart~ ' t,' . City Clerk ,~... ~. City of Delray Beach SEAL -- THE EFFORT ALWAYS ~/~ATTERS ORDINANCE NO. 19-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON BARWICK ROAD, APPROXIMATELY 143 FEET NORTH OF WEST ATLANTIC AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO MH (MOBILE HOME) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the fee-simple owners of the hereinafter described property have requested by their petition to have the property annexed into the municipal limits of the City of Delray Beach; and, WHEREAS, the subject property hereinafter described is now contiguous to the corporate limits of the City of Delray Beach, thus making said petition for annexation effective at this time; 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: Section 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 lies contiguous to said City to-wit: The North 8 feet of Lots 1 through 8, inclusive, and all'of Lots 9 through 170, inclusive, HIGHLAND TRAILER PARK, according to the Plat thereof, recorded in Plat Book 24, Page 213, of the Public Records of Palm Beach County, Florida; together with the public streets lying within the Highland Trailer Park Subdivision and the west one half of the adjacent Barwick Road right-of-way lying east of and adjacent to the Highland Trailer Park Subdivision. 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 are hereby declared to be in Zoning District MH (Mobile Home) as defined by existing ordinances of the City of Delray Beach, Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section 5. That this annexation of the subject property, including adjacent roads, alleys, internal streets, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, internal streets, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provisions 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 8. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on this the 23rd day of Jun~ , 1992. ATTEST: Clty Cle~ z First Reading May 26, 1992 Second Reading 3une 23, I992 -2- Ord. NO. 19-92 HIGHLAND TRAILER PARK ANNEXATION fll I Ii I I !11 I I1 ~1111111111111 FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF ELECTIONS Room 2002, The Capitol, Tallahassee, Florida 32599-0250 (904) 488-842'/ July 10, 1992 MS. Alison MacGregor Harry City Clerk City of Delray Beach 100 Northwest 1st Avenue Delray Beach, Florida 33444 Dear Ms. Harty: This will acknowledge your letter of June 29, 1992 and two certified copies each of Ordinance Nos. 19-92, 20-92 and 21-92 annexing certain lands into the City of Delray Beach, which were filed in this office on July 8, 1992. Sincerely, Bureau of Administrative Code LC/dlb RECEIVED · / CITY CLERK CITY OF I EL#I Y BEACH July 7, 1992 Mr. A. G. Russilo, Jr. Account Manager Florida Power & Light P.O. Box 2409 Delray Beach, FL 33447-2409 Dear Mr. Russilo: Enclosed please find a copy of the following annexation ordinanc- es: Ordinance No. 19-92 Ordinance No. 20-92 Ordinance No. 21-92 passed and adopted by the City Commission of the City of Delray Beach, Florida, in regular session on June 23, 1992. If you have any questions, please do not hesitate to contact me. Sincerely, Alison MacGrego~ Harty, City Clerk Enclosures THE EFFORT ALWAYS MATTERS Municipal Boundary Change Notification Form Prepared in accordance with the Florida Statutes Please mark envelope "ATTN: Annexation Notice" or "ATTN: De. annexation Notice' This form and all indicated enclosures have been forwarded to: (X) Department of State (X) Executive Office of the Governor Bureau of Administrative Code Office of Planning and Budgeting Room 2002 Revenue and Economic Analysis Unit The Capitol The Capitol Tallahassee, FL 32399-0250 Tallahassee, FL 32399-0001 (X) Palm Beach County Oerk of the Circuit Court (X) Palm Beach County Administrator Recording Department C/O Director, Dept. of Planning, Zoning & Building P.O. Box 4177 Intergovernmental Section (nrrN: Principal Planner) West Palm Beach~ FL 33402-4177 800 13th Street, PBIA West Palm Beach, FL 33406 (YO Palm Beach County Property Appraiser Geoproc~sing Section (X) Palm Beach County Supervisor of Elections 301 N. Olive Ave., 5th Floor 301 N. Olive Ave., Room 105 West Palm Beach, FL 33401 West Palm Beach, FL 33401 (X) National Flood Insurance Program, Region 4 (X)Other: Utilities .. Federal Emergency Management Agency 1371 Peachtree Street NE, Suite 700 Atlanta, GA 30309 Municip~ity: City of Delray Beach, Florida Today's Date: 6/29/92 Contact for Questions: Alison Harty, City Clerk Phone Number: 407/243-7050 Ordinance Number or Iden~fication: 19 - 92 Effective Date: 6 / 23 / 92 This Is a Notice of: 0( ) Annexation ( ) Deannexation Will addresses in the annexed area be changed? (yes/no) See Attached POPULATION EFFECT STATE~ (X) I~.,i,,a Ctnv t:.S. lTD: Certified Copy of Adopting Ordinance, (per P.S. 186) Including Legal Description of Boundaries by Metes and Bounds andaMap (MapScale: 1" = 640' (Approx.) ) Best estimate of increase (decrease) (Map s~mle should b~ large enough to accurately determln~ the I~o~mda~es 06 the caused by this boundary change: annexa,on or deannexa~on, if available, i~ea~lnclude at ~ lout monum~ted ~ction corn~ or other feature~ that referanc~ th~ monumantecl ~,cttoa grid. Total Population: 2 6 2 . Pleme do not fold the map.) Single Family _ (X ) Essentat ~ Count~ mgencks ~ntt utaUi~: List of Affected Addresses Housing Units: (Include th~ oaSl~l add,s,,, and. U the~ will b, Multi-Family Housing Units: - ( ) ot,ti,.~ Coordinate Geometry of Annexed or Deannexed Area Mobile Homes: 1 31 (X) Other (Specify: Annexation Brief ) [ITY JIF [IELA#Y BEII[H FIRE DEPARTMENT MEMORANDUM TO: PERSONS ADDRESSED FROM: MICHAEL D. CATO, DIVISION CHIEF SUBJECT: ANNEXATIONS EFFECTIVE JUNE 23, 1992 DATE: JUNE 24, 1992 The following property has been annexed into the City Limits of the City of Delray Beach effective June 23, 1992. ORD. NO. 20-92 G & Z Auto Care, Inc. 4525 W. Atlantic Ave. 21-92 Handy Mart 4561W. Atlantic Ave. 21-92 Delray Farmers Market 4591 W. Atlantic Ave. Calogero's Deli & Eatery 4591W. Atlantic Ave. Louis Sod & Landscaping 4591W. Atlantic Ave. 19-92 Highland Trailer Park 14500 - 14700 Sunset Drive 14500 - 14700 Glenview Drive 14500 - 14700 Elmhurst Drive 14500 - 14700 Barwick Road 4500 - 4613 Pine Grove Drive 14698 Greenbriar Drive 14702 Greenbriar Drive Note: See attached map Division Chief FIRE DEPARTMENT HEADQUARTERS· 101 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 407/243.7400 · FAX 407/265-4660 ., ..... 'Il ..... HIGHLAND , R PARK .% 0 GROVE DRIVE SUNSET PINES OREENBRIAR DRIVE ATLANTIC ,~,.,,,~ ,, ,,..,-. 1 ~ ,,,,-,,~,-,,,.r-~.~AVEN E ^~" NURSERY !~ i HIGHLAND TRAILER PARK - ANNEXATION BRIEF Property Control No.: 00-42-46-13-04-000-0090 thru 00-42-46-13-04-000-1700 Acreaqe: 16.86 acres Taxable Value: $1,275.245.00 Owner's Names & Addresses: (see attached) County Street Address: (see attached) County Land Use Desiqnation: Residential (12 units per acre) County Zoninq: AR (Agricultural Residential) City Land Use Designation: Transitional City Zoninq: MH (Mobile Home) Actual Current Use of Property: 131 separate mobile home residences; A common recreational tract (Lot 13) with a recreation building, pool, 4 shuffle board courts; Vacant tract for R/V & boat storage (Lot 170). Legal Description: Lot 9 - 170 of Highland Trailer Park, the common streets within & the north 8' of Lots i - 8 of Highland Trailer Park PD/HTP.DOC Municipal Boundary Change Notification Form Prepared in accordance with the Florida Statutes Please mark envelope 'ATTN: Annexation Notice" or 'A2TN: De. annexation Notice" This form and all indicated enclosures have been forwarded to: (X) Departrnent of State (X) Executive Office of the Governor Bureau of Administrative Code Office of Planning and Budgeting Room 2002 Revenue and Economic Analysis Unit The Capitol The Capitol Tallahassee, FL 32399-0250 Tallahassee, FL 32399-0001 (X) Palm Beach County Clerk of the Circuit Court (X) Palm Beach County Administrator Recording Department C/O Director, Dept. of Planning, Zoning & Building P.O. Box 4177 Intergovernmental Section (A~n~: Principal Planner) West Palm Beach, FL 33402-4177 800 13th Street, PBIA West Palm Beach, FL 33406 (IO Palm Beach County Property Appraiser Geoprocessing Section (X) Palm Beach County Supervisor of Elections 301 N. Olive Ave., 5th Floor 301 N. Olive Ave., Room 105 West Palm Beach, FL 33401 West Palm Beach, FL 33401 (X) National Flood Insurance Program, Region 4 (X)Other: Utilities Federal Emergency Management Agency 1371 Peachtree Street NE, Suite 700 Atlanta, GA 30309 Munidpali~: City of Delray Beach, Florida Toda)/sDate: 6/29/92 Contac~ for Questions: Alison Harty, City Clerk Phone Number: 407/243-7050 Ordinance Number or Identification: 19- 9 2 Effective Date: 6 / 2 3 / 9 2 This Is a Notice of: (X) Annexation ( ) Deannexation lah'll addresses in the annexed area be changed? (yes/no) See Attached POPULATION EFFECT STATEMENT (X) g,qu~ Cpc, F.S. ~71;: Certified Copy of Adopting Ordinance, (per P.S. 186) Including Legal Description of Boundaries by Metes and Bounds andaMap (Map Scale: 1" = 640'. (Approx.) .. ) Best estimate of increase (decrease) (Map ~:mle should be large enough to accurately determine the boundaries o/the caused by this boundary change: annexation or deannexation. If available, please include at lea.qt four monu~nented section corn~.J or other features that referenc~ the monum~tecl section grid. Total Population: 2 6 2 . I~eeae do not fold the map.) Single Family _ (.X) Ess~t~., ~ county ag,,~ks ~n,' utimks: List of Affected Addresses Housing Units: (Include the ortgi.nal add:esses and, if they will be changed, the new adctrmm~) Multi-Family Housing Units: - ( ) c~a~,,~: Coordinate Geometry of Annexed or Deannexed Area Mobile Homes: 13! (X) Other(Specify: Annexation Brief ) glTY ElF I)ELAI:I¥ BEI:II:H RAG DEPARTrv'IENT MEMORANDUM TO: PERSONS ADDRESSED FROM: MICHAEL D. CATO, DIVISION CHIEF SUBJECT: ANNEXATIONS EFFECTIVE JUNE 23, 1992 DATE: JUNE 24, 1992 The following property has been annexed into the City Limits of the City of Delray Beach effective June 23, 1992. ORD. NO. 20-92 G & Z Auto Care, Inc. 4525 W. Atlantic Ave. 21-92 Handy Mart 4561W. Atlantic Ave. 21-92 Delray Farmers Market 4591 W. Atlantic Ave. Calogero's Deli & Eatery 4591 W. Atlantic Ave. Louis Sod & Landscaping 4591 W. Atlantic Ave. 19-92 Highland Trailer Park 14500 - 14700 Sunset Drive 14500 - 14700 Glenview Drive 14500 - 14700 Elmhurst Drive 14500 - 14700 Barwick Road 4500 - 4613 Pine Grove Drive 14698 Greenbriar Drive 14702 Greenbriar Drive Note: See attached map M~chael D. Cato Division Chief FIRE DEPARTMENT HEADQUARTERS, 101 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 407/243-7400 · FAX 407/265-4660 ,/~_ ,'~I. HIGHLAND ' R PARK GROVe' DRIVE: SUNSET PINES OREENBRIAR DRIVE N ~ 8 I ATLANTIC · ,~.,, ,., ,-,,,.r ~,,~..,,,-,- ,.. N E '""~ · TREE NURSERY HIGHLAND TRAILER PARK - ANNEXATION BRIEF Property Control No.: 00-42-46-13-04-000-0090 thru 00-42-46-13-04-000-1700 Acreage: 16.86 acres Taxable Value: $1,275.245.00 Owner's Names & Addresses: (see attached) County Street Address: (see attached) County Land Use Designation: Residential (12 units per acre) County Zoning: AR (Agricultural Residential) City Land Use Desiqnation: Transitional City Zoninq: MH (Mobile Home) Actual Current Use of Property: 131 separate mobile home residences; A common recreational tract (Lot 13) with a recreation building, pool, 4 shuffle board courts; Vacant tract for R/V & boat storage (Lot 170). Legal Description: Lot 9 - 170 of Highland Trailer Park, the common streets within & the north 8' of Lots 1 - 8 of Highland Trailer Park PD/HTP.DOC £1T¥ OF DELRI:I¥ B gH 100 N W 1st AVENUE · DELRAY BEACH FLORIDA 33444 · 407'243 7000 June 29, 1992 Department of State Bureau of Administrative Code Room 2002 - The Capitol Tallahassee, FL 32399-0250 Attention: Dolly Jones Dear Ms. Jones: Enclosed please find two (2) certified copies of each of the following annexation ordinances: Ordinance No. 19-92 Ordinance No. 20-92 Ordinance No. 21-92 passed and adopted by the City Commission of the City of Delray Beach, Florida, in regular session on June 23, 1992. Kindly return one copy of each ordinance with a filing date. A completed "Municipal Boundary Change Notification Form" is also provided for each ordinance. Thank you for your assistance and cooperation. Sincerely, Alison MacGregor Harty City Clerk AMH/m Enclosures £1TY DF DELAI:IY BEA[H 100 N.W. 1st AVENUE · DELFIAY BEACH, FLOF~IDA 33444 · 407r'243-?000 June 29, 1992 Executive Office of the Governor Office of Planning and Budgeting Revenue and Economic Analysis Unit The Capitol Tallahassee, FL 32399-0001 Attention: Gail Sittik Dear Ms. Sittik: Enclosed please find a certified copy of each of the following annexation ordinances: Ordinance No. 19-92 Ordinance No. 20-92 Ordinance No. 21-92 passed and adopted by the City Commission of the City of Delray Beach, Florida, in regular session on June 23, 1992. A completed "Municipal Boundary Change Notification Form" is also provided for each ordinance. If you have any questions, please do not hesitate to contact me at 407/243-7050. Sincerely, Alison MacGregor Harty City Clerk AMH/m Enclosures [IT¥ DF I]ELRR¥ BER[H 100 N,W. ls! AVENUE · DELRAY BEACH, FLORIDA 33444 ., 407/243-7000 June 29, 1992 Palm Beach County Administrator c/o Director, Department of Planning, Zoning and Building Intergovernmental Section (ATTN: Principal Planner) 800 13th Street, PBIA West Palm Beach, FL 33406-1499 Dear Sir or Madam: Enclosed please find one certified copy of each of the following annexation ordinances: Ordinance No. 19-92 Ordinance No. 20-92 Ordinance No. 21-92 passed and adopted by the City Commission of the City of Delray Beach, Florida, in regular session on June 23, 1992. A completed "Municipal Boundary Change Notification Form" is provided for each ordinance, as is a list of affected addresses. If~you have any questions, please do not hesitate to contact me at 407/243-7050. Sincerely, Alison MacGregor Harty City Clerk AMH/m Enclosures CITY OF [IELRrlY BEACH June 29, 1992 Palm Beach County Clerk of the Circuit Court Recording Department P.O. Box 4177 West Palm Beach, FL 33402-4177 Attention: Dawn Martin Dear Ms. Martin: Enclosed please find one certified copy of each of the following annexation ordinances, for recording purposes: Ordinance No. 19-92 Ordinance No. 20-92 Ordinance No. 21-92 passed and adopted by the City Commission of the City of Delray Beach, Florida, in regular session on June 23, 1992. A completed "Municipal Boundary Change Notification Form" is provided for each ordinance. Upon recordation, kindly return a copy of each ordinance to this office. Please bill to the City's Account ~87211. If you have any questions, please do not hesitate to contact me at 407/243-7050. Sincerely, Alison MacGrego~ Harty City Clerk AMH/m Enclosures THE EFFORT ALWAYS MATTERS £1TV OF IIELRII¥ BEIICH June 29, 1992 National Flood Insurance Program Federal Emergency Management Agency Region 4 1371 Peachtree St. NE, Suite 700 Atlanta, GA 30309-3166 Attention: Bob McBeth Dear Mr. McBeth: Enclosed please find one certified copy of each of the following annexation ordinances: Ordinance No. 19-92 Ordinance No. 20-92 Ordinance No. 21-92 passed and adopted by the City Commission of the City of Delray Beach, Florida, in regular session on June 23, 1992. A completed "Municipal Boundary Change Notification Form" is provided for each ordinance, as is a list of affected addresses. If you have any questions, please do not hesitate to contact me at 407/243-7050. Sincerely, Alison MacGregor Harty City Clerk AMH/m Enclosures THE EFFORT ALWAYS MATTERS [lTV OF I]ELAIIV BEACH June 29, 1992 Palm Beach County Property Appraiser Geoprocessing/Mapping Section 301 N. Olive Avenue - Floor 5 West Palm Beach, FL 33401-4793 Attention: Bob Pearsall Dear Mr. Pearsall: Enclosed please find one certified copy of each.of the following annexation ordinances: Ordinance No. 19-92 Ordinance No. 20-92 Ordinance No. 21-92 passed and adopted by the City Commission of the City of Delray Beach, Florida, in regular session on June 23, 1992. A completed "Municipal Boundary Change Notification Form" is provided for each ordinance, as is a list of affected addresses. If you have any questions, please do not hesitate to contact me at 407/243-7050. Sincerely, Alison MacGregor Harty City Clerk AMH/m Enclosures THE EFFORT ALWAYS MATTERS I:ITY OF DELRflY BEACH June 29, 1992 Palm Beach County Supervisor of Elections 301 N. Olive Avenue - Room 105 West Palm Beach, FL 33401-4795 Attention: Theresa LePore Dear Theresa: Enclosed please find one certified copy of each of the following annexation ordinances: Ordinance No. 19-92 Ordinance No. 20-92 Ordinance No. 21-92 passed and adopted by the City Commission of the City of Delray Beach, Florida, in regular session on June 23, 1992. A completed "Municipal Boundary Change Notification Form" is provided for each ordinance, as is a list of affected addresses. If you have any questions, please do not hesitate to contact me at 407/243-7050. Sincerely, Alison MacGregor Harty City Clerk AMH/m Enclosures THE EFFORT ALWAYS MATTERS [ITY OF I]ELARY BEI:I£H June 29, 1992 Mr. W. H. Bonham Land Management Florida Power & Light P.O. Box 14000 Juno Beach, FL 33408-0420 Dear Mr. Bonham: Enclosed please find one certified copy of each of the following annexation ordinances: Ordinance No. 19-92 Ordinance No. 20-92 Ordinance No. 21-92 passed and adopted by the City Commission of the City of Delray Beach, Florida, in regular session on June 23, 1992. A completed "Municipal Boundary Change Notification Form" is provided for each ordinance, as is a list of affected addresses. If you have any questions, please do not hesitate to contact me at 407/243-7050. Sincerely, Alison MacGregor Harty City Clerk AMH/m Enclosures THE EFFORT ALWAYS MATTERS EIT¥ OF DELRFI¥ BEFI(H June 29, 1992 Mr. Mark Adler 911 Management 3111 South Dixie Highway Suite 208 West Palm Beach, FL 33405 Dear Mr. Adler: Enclosed please find one certified copy of each of the following annexation ordinances: Ordinance No. 19-92 Ordinance No. 20-92 Ordinance No. 21-92 passed and adopted by the City commission of the City of Delray Beach, Florida, in regular session on June 23, 1992. A completed "Municipal Boundary Change Notification Form" is provided for each ordinance, as is a list of affected addresses. If you have any questions, please do not hesitate to contact me at 407/243-7050. Sincerely, Alison MacGregor Harty City Clerk AMH/m Enclosures THE EFFORT ALWAYS MATTERS MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SU~EC~: AGENDA I~E~ # ~O~ - M~.E~ING OF ~UNE ~.~, 1~9~. ORDINANCE NO. 19-92 DATE: June 19, 1992 This is the second reading of an ordinance annexing to the City the Highland Trailer Park property located on Barwick Road approximately 180 feet north of West Atlantic Avenue; with initial zoning of MH (Mobile Home). This annexation involves the calling in of water service agreements. With the recent voluntary annexation of the Barwick School, the trailer park has become contiguous to the City limits, and thus eligible for annexation. The Planning and Zoning Board at their March 16th meeting recommended approval of the annexation. Recommend approval of Ordinance No. 19-92 on second and final reading. ORDINANCE NO. 19-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON BARWICK ROAD, APPROXIMATELY 143 FEET NORTH OF WEST ATLANTIC AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO MH (MOBILE HOME) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the fee-simple owners of the hereinafter described property have requested by their petition to have the property annexed into the municipal limits of the City of Delray Beach; and, WHEREAS, the subject property hereinafter described is now contiguous to the corporate limits of the City of Delray Beach, thus making said petition for annexation effective at this time; 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: Section 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 lies contiguous to said City to-wit: The North 8 feet of Lots 1 through 8, inclusive, and all of Lots 9 through 170, inclusive, HIGHLAND TRAILER PARK, according to the Plat thereof, recorded in Plat Book 24, Page 213, of the Public Records of Palm Beach County, Florida; together with the public streets lying within the Highland Trailer Park Subdivision and the west one half of the adjacent Barwick Road right-of-way lying east of and adjacent to the Highland Trailer Park Subdivision. 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 are hereby declared to be in Zoning District MH (Mobile Home) as defined by existing ordinances of the City of Delray Beach, Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section 5. That this annexation of the subject property, including adjacent roads, alleys, internal streets, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, internal streets, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provisions 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 8. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on this the day of , 1992. MAYOR ATTEST: City Clerk First Reading Second Reading HIGHLAND TRAILER PARK ANNEXATION MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # l~8 - MEETING OF MAY 20. 1992 ORDINANCE NO. 19-92 DATE: May 22, 1992 This is a first reading of an ordinance annexing to the City the Highland Trailer Park property located on Barwick Road approximately 180 feet north of West Atlantic Avenue; with initial zoning of MH (Mobile Home). This annexation involves the calling in of water service agreements. With the recent voluntary annexation of the Barwick School, the trailer park has become contiguous to the City limits, and thus eligible for annexation. The Planning and Zoning Board at their March 16th meeting recommended approval of the annexation. Recommend approval of Ordinance No. 19-92 on first reading. CITY COMMISSION DOCUMENTATION TO: ~f~DAVID T. HARDEN, CITY MANAGER.~ THRU: ~rA'~ID J. KOVACS, DIRECTOR ~DE~RTMENT OF PLANNING AND ZONING FROM: PAUL DOR~G-~ANNER II SUBJECT: MEETING OF MAY 26, 1992 ANNEXATION AND INITIAL ZONING OF THE HIGHLAND TRAILER PARK AND ADJACENT PROPERTIES TO MH (MOBILE HOME) IN PART, GC (GENERAL COMMERCIAL) AND NC (NEIGHBORHOOD COMMERCIAL) IN PART. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance to annex the Highland Trailer Park and adjacent properties with an initial zoning designation of MH (Mobile Home) in part, GC (General Commercial) in part, and NC (Neighborhood Commercial) in part. The petition is a combination of City initiated and voluntary annexations. These include: * The City initiated annexation and an initial zoning of MH (Mobile Home) of Lots 9-170 of the Highland Trailer Park, common area owned by the Highland Trailer Park (north 8' of Lots 1-8) and the public streets within the Highland Trailer Park Subdivision. * The City initiated annexation of Lot 6 and a portion of Lots 5 and 7 (Handy Market) with intial zoning of NC (Neighborhood Commercial). * The voluntary annexation of Lots 1-4 and a portion of Lot 5 (Delray Farmers Mart) with initial zoning of NC (Neighborhood Commercial). * The voluntary annexation of Lot 8 and a portion of Lot 7 (Citco Gasoline Station) with initial zoning of GC (General Commercial). The properties are located at approximately the northwest corner of Barwick Road and Atlantic Avenue. City Commission Documentation Annexation Highland Trailer Park and Adjacent Property Page 2 BACKGROUND: In 1984, and again in 1987 water service agreements were obtained from all owners (Lots 9-170; 130 residences) of the Highland Trailer Park. Within these water service agreements the standard annexation clause was included. With the recent voluntary annexation of the Barwick School, the trailer park has become contiguous to the City limits and, thus eligible for annexation. A request by telephone from an official of the Highland Park Company (owner of common area within the park) was received to initiate the annexation of Lots 9-170 (Highland Trailer Park). On February 9, 1992 the City Commission initiated the annexation with initial zoning of MH (Mobile Home) on a unanimous 5-0 vote. During analysis of the Highland Trailer Park annexation it was identified that two of the three commercial parcels adjacent to the park along Atlantic Avenue are receiving City water without executed water service agreements. Without those agreements, the City would have to rely on a voluntary annexation of the properties, or annex them by dual referendum. A successful referendum would have to include both the Highland Trailer Park and the commercial strip. The Planning and Zoning Board reviewed the Highland Annexation (see Planning and Zoning Board consideration), and forwarded a recommendation to proceed with a dual referendum which would include both the mobile home park and the commercial parcels. At the City Commission meeting of March 24, 1992 the City Commission directed staff to proceed with a dual referendum to be held on September 1, 1992 while continuing to work with the other commercial lot to reach a voluntary annexation agreement. Subsequently, the owner of the gas station at the corner of Barwick Road and Atlantic Avenue petitioned for annexation and upon review by the Planning and Zoning Board (see Planning and Zoning Board Consideration) was forwarded with a recommendation of approval. On May 12, 1992 the City Commission initiated the annexation of the Handy Mart (Lot 6 and a portion of Lots 5 and 7 of the Highland Trailer Park Subdivision). Subsequently the Delray Farmers Market (Lots 1-4 and a portion of Lot 5) has joined the annexation voluntarily. The annexation petition now includes the trailer park and the three commercial properties along Atlantic Avenue. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed the annexation of Lots 9-170 (Highland Trailer Park) at its meeting of February 24, 1992. At that meeting, public testimony was taken and the item was continued pending disposition of questions relating to annexation, sewering of the commercial parcels along Atlantic Avenue (Lots 1-8) and maintenance responsibility for the public City Commission Documentation Annexation Highland Trailer Park and Adjacent Property Page 3 streets. On March 16, 1992 the Planning and Zoning Board reconsidered the annexation (lots 9-170) and recommended to the City Commission that an Ordinance be prepared for a dual referendum to include the Highland Trailer Park and the commercial Lots 1-8 along Atlantic Avenue. On April 20, 1992 the Planning and Zoning Board recommended approval of the voluntary annexation, Land Use Amendment from "Transitional" to "General Commercial" and initial zoning of "General Commercial" for Lot 8 and a portion of Lot 7 (Gasoline Station). On May 18, 1992 the Planning and Zoning Board recommended approval of the voluntary annexation of Delray Farmers Market (Lots 1-4 and a portion of Lot 5) and the City initiated annexation of the Handy Mart (Lot 6 and a portion of Lots 5 and 7) both with initial zoning designations of NC (Neighborhood Commercial) on a unanimous 6-0 vote. RECOMMENDED ACTION: By motion, approve on first reading the annexation of the Highland Trailer Park and adjacent properties with initial zoning of MH (Mobile Home) in part, GC (General Commercial) in part and NC (Neighborhood Commercial) in part. Attachment: * Cover Map of Trailer Park and Adjacent Property * Aerial of Trailer Park Area PD/HIGH.DOC -' ........ HIGH,LAND ,TR,t".ER PARK ,,~ ,~' .,~ .~' II --,,,~ ' · .. GROVE DRIVE SUNSET PINES GREENBRIAR DRIVE N ATLANTIC AVENUE TREE ~ NURSERY ~.~ ORDINANCE NO. 19-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON BARWICK ROAD, APPROXIMATELY 143 FEET NORTH OF WEST ATLANTIC AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO MH (MOBILE HOME) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the fee-simple owners of the hereinafter described property have requested by their petition to have the property annexed into the municipal limits of the City of Delray Beach; and, WHEREAS, the subject property hereinafter described is now contiguous to the corporate limits of the City of Delray Beach, thus making said petition for annexation effective at this time; 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: Section 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 lies contiguous to said City to-wit: The North 8 feet of Lots 1 through 8, inclusive, and all of Lots 9 through 170, inclusive, HIGHLAND TRAILER PARK, according to the Plat thereof, recorded in Plat Book 24, Page 213, of the Public Records of Palm Beach County, Florida; together with the public streets lying within the Highland Trailer Park Subdivision and the west one half of the adjacent Barwick Road right-of-way lying east of and adjacent to the Highland Trailer Park Subdivision. 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 are hereby declared to be in Zoning District MH (Mobile Home) as defined by existing ordinances of the City of Delray Beach, Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section 5. That this annexation of the subject property, including adjacent roads, alleys, internal streets, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, internal streets, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provisions 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 8. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on this the day of , 1992. MAYOR ATTEST: City Clerk First Reading Second Reading HIGHLAND TRAILER PARK ANNEXATION 1111111111111 IIIIIIIIIIIIJ ~. AT~MT~C MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ ~ - MEETING 0F MARCH 24. 1992 QPTION$ FOR ANNEXATION/HIGHLAND MOBILE HOME PARK DATE: March 20, 1992 On February 9, 1992 the Commission initiated the annexation of the Highland Trailer Park with initial zoning of MH (Mobile Home). This annexation proposal did not include the adjacent commercial property fronting on Atlantic Avenue. Subsequently, staff discovered that two of the three commercial properties along Atlantic Avenue were receiving City water without an executed water service agreement. Annexation of these commercial parcels is necessary to continue annexation of properties to the west i.e. Sunset Pines condominium and Delray Medical Center. The two commercial properties have been asked to voluntarily cooperate in the annexation of their properties. The owner of G & C Auto Care has indicated a willingness to voluntarily annex if approval is granted for the addition of a car wash to his site. The owner of Delray Market is generally receptive and has requested his attorney's review of the voluntary annexation authorization. If the commercial property owners do not voluntarily join the annexation petition, the only other alternative is to have them annexed via a dual referendum. The earliest a special election could be held is approximately two months after initiation. The entire cost is estimated at $10,000 to $12,000. Alternately, we could add the referendum question to either of the primary elections (September 1, 1992 or October 1, 1992), to the regular election in November 1992, or to the March 1993 municipal ballot. The cost would be approximately $3,000. The Planning and Zoning Board at their March 16th meeting recommended that the request be forwarded to the Commission and that an ordinance be prepared for a dual referendum to include Highland Trailer Park and commercial lots 1-8 along Atlantic Avenue to a ballot. A detailed staff report is attached as backup material for this item. C I TY COMM I S S I ON DOCUMENTAT I ON TO: DAVID T. HAR~N, CITY ~NAGER THRU: DAVID J. KOVACS, DIRECTOR ~TMENT O~ PLANNING AND ZONING FROM: PAUL DORLING,~PLANNER II SUBJECT: MEETING OF MARCH 24, 1992 ANNEXATION AND INITIAL ZONING OF THE HIGHLAND TRAILER PARK ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of consideration of the Planning and Zoning Board's recommendation that a dual referendum be initiated to annex the Highland Trailer Park and commercial lots 1-8 along Atlantic Avenue. The recommendation is related to the voluntary annexation request involving lots 9 - 170 of the Highland Trailer Park, and common area owned by Highland Park Company (north 8' of lots 1-8) and the public streets within the Highland Trailer Park subdivision. BACKGROUND: On February 9, 1992 the City Commission initiated the annexation of the Highland Trailer Park with initial zoning of MH (Mobile Home) on a unanimous 5-0 vote. During analysis of the voluntary annexation request it was identified that two of the three commercial parcels along Atlantic Avenue are receiving City water without executed water service agreements. Annexation of the commercial parcels is necessary to continue annexation of properties to the west i.e. Sunset Pines condominium and Delray Medical Center. The two commercial properties (G & Z Auto Care Inc. and Delrays Farmer Market) and have been asked by certified mail to voluntarily cooperate in the annexation of their properties. ~ity Commission Documentation Memorandum Highland Traler Park Annexation Page2 The owner of G & C Auto Care has indicated a willingness to voluntarily annex if approval is granted for the addition of a car wash to his site. The city can not guarantee approval of the modification which would require a land use change and rezoning. The owner of Delray Market is generally receptive to joining the annexation petition and has requested review of the letter and voluntary annexation authorization by his local attorney Ernie Simon. If the commercial property owners do not voluntarily join the annexation petition, the only alternative to have them annexed is via a dual referendum. The Highland Trailer Park residents who support annexation would "carry" the referendum. The following options exist for a referendum: * The earliest special election could be held approximately 2 months after City Commission initiation. Under this scenario the City would incur the entire cost for the election (wages for poll workers, printing costs etc.) estimated to be between $10,000 and $12,000. * Another alternative would be to add the referendum to the primary elections on September 1, 1992, October 1, 1992 or the regular November ballot. Under this scenario the cost to the City could be reduced to approximately $3,000 (required advertising, ballot printing costs etc.). * The third alternative would be to add the referendum to the regular March, 1993 ballot. No significant increase over those incurred for the regular election are anticipated under this scenario. It is anticipated that by the City Commission March 24, 1992 meeting, formal responses will be obtained from the commercial owners and an appropriate course of action can be ascertained. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed the petition from Highland Trailer Park at it's meeting of February 24, 1992. At that meeting, public testimony was taken and the the item was continued pending disposition of questions relating to annexation and sewering of the commercial parcels along Atlantic Avenue (Lots 1-8) and whether maintenance responsibility for public streets should be assumed. On March 16, 1992 the Planning and Zoning Board reconsidered the annexation and recommended the request be forwarded to City Commission and that an ordinance be prepared for a dual referendum (timing to be a decision of the City Commission) to include the Highland Trailer Park and the commercial lots 1-8 along Atlantic Avenue. ~ity Commission Documentation Memorandum Highland Traler Park Annexation Page3 ALTERNATIVE ACTIONS: 1. Proceed only with the annexation of the Highland Trailer Park. 2. Provide direction to proceed with a referendum on September 1, 1992. 3. Continue with direction RECOMMENDED ACTION: City Commission discretion. Attachment: * P&Z Staff Report February 24, 1992 · P&Z Staff Memorandum March 16, 1992 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: MARCH 16, 1992 AGENDA ITEM: IV.A. Annexation of Highland Trailer Park I T E M B E F O R E T H E B O A R D: The item before the Board is that of making a recommendation on a proposed annexation with initial zoning to (MH) Mobile Home for the Highland Trailer Park. This item was continued from the Board's February meeting pending resolution of some outstanding items. BACKGROUND: For complete background information please refer to the February 17, 1992 Planning and Zoning Board staff report. At the February meeting the Board took public testimony and recommended continuance pending resolution of the following; * Determination of whether Pine Grove Drive (northern street which accesses the Sunset Pines subdivision) meets City Standards and whether upon annexation maintenance responsibility should be assumed by the City. * How sewer service would be provided to the commercial lots (Highland Trailer Park lots 1-8) along West Atlantic Avenue. Access into the existing sewer system within the trailer park was to be explored. * Determination as to whether the commercial properties along Atlantic Avenue would join the annexation petition voluntarily. If not, possible deferral of the trailer park annexation to be included in a dual referendum which would include the commercial tracts was discussed. ANALYSIS: Status of Pine Grove Drive: After the public hearing a second field inspection was conducted. The following deficiencies were noted for Pine Grove Drive; P&Z Staff Memorandum Annexation Highland Trailer Park Page 2 * The street is of substandard width - 18' versus our standard 24'. * The street is within a substandard 40' right-of-way width. (Pursuant to Section 5.3.1(D)(2) 60 feet is required.) * Deficiencies are noted with the sub base under the street. (Street appears to be rippled indicating inadequate or non-existing subbase material.) * The street is patched, uneven and contain dips for drainage maintenance. The street drainage system is inadequate and standing pools of water are evident. * Substandard or non-existent signs (i.e. street name and stop signs), and street markings (i.e. stop bars, center lines). * No sidewalks are provided along the roadway. Given the above it is the City Traffic Engineer's recommendation that, as with the balance of streets within the development, the City does not accept the maintenance responsibility for the Pine Grove Drive. Provision of Sewer service to Commercial Lots. The commercial lots south of the Highland Trailer Park currently contains three commercial building (G & Z Auto Care Inc., Handy Market, and Delray Farms Market Inc.). The three buildings are currently on septic tanks. The sewer mains in the Trailer park are located in 12' utility easements which run north and south on the property lines between trailers. These general utility easements extend south to Greenbriar Drive, a public right-of way abutting the north lot line of lots 1-8 (commercial properties). In reviewing property information the Highland Park Company (owner of common area in the park) also owns the north 8' of lots 1-8, of which 6' is a dedicated utility easement. Given the above, the commercial lots (1-8) have access to the sewer mains in the Highland Trailer Park via dedicated utility easements or public rights-of-ways on all but the southern 2' of the north 8' of the commercial lots. Therefore to provide access the existing 6' easement on the north property line of lots 1-8 should be expanded to 8'. This requirement should be attached as a condition of annexation for the trailer park. P&Z Staff Memorandum Annexation Highland Trailer Park Page 3 The City Utility Department has conducted an on site analysis of the manhole elevations in the trailer park verifying whether they can accommodate gravity flow from the south. The manholes are at a depth of 32 inches below grade and can accommodate gravity flows from the south. Commercial parcels - Voluntary Annexation or dual referendum. · The commercial properties to the south are owned by three individual owners. The owner of Handy Market (lot 6 and a portion of lots 5 and 7) has an executed water service agreement. The other two commercial property owners, Delrays Farmer Market (lots 1-4 and a portion of lot 5) and G & Z Auto Care Inc. (lot 8 and a portion of lot 7) do not have water service agreements and have been asked by certified mail to voluntarily cooperate in the annexation of the properties. Status of G & Z Auto Care Inc. The owner of G & Z Auto Care Inc. has approached the City in the past about annexing and jointly processing a site plan modification to add a car wash facility and upgrade the site. During recent discussions with the owner he has indicated a willingness to voluntarily annex if approval was granted for the proposed site plan modification. The city can not guarantee approval of the modification which would require a land use change and rezoning. However, the owner has been given the name of the contact person within Highland Trailer park to discuss his development proposal and solicit their support. The owner desires additional time to coordinate development plans and work with the Highland Trailer Park residents. Status of Delrays Farmer Market (lots 1-4 and a portion of lot The owner of this property lives in New York State. A certified letter was sent to the owner and he contacted the Planning and Zoning Department by telephone on March 12, 1992. The owner was generally receptive to joining the annexation petition and has requested review of the letter and voluntary annexation authorization by his local attorney Ernie Simon. A copy of the material has been faxed to the applicants attorney. Referendum option: If the City is unable to convince the commercial property owners to voluntarily join the annexation petition the only alternative is to annex the properties via a dual referendum. Pursuant to F.S 171.0413 Annexation procedures - Any municipality may annex contiguous, compact, unincorporated territory in the following manner: P&Z Staff Memorandum Annexation Highland Trailer Park Page 4 An ordinance shal 1 be adopted by the City Commission annexing the area pursuant to procedures established in F.$. 166.041. Prior to the ordinance becoming effective a referendum on annexation shall be held. q'his re£erendum is to be held no sooner than 30 days following adoption of the Ordinance. The ordinance shall be submitted to a separate vote of the registered voters of the annexing municipality and the area proposed for annexation. If the referendum is approved by a separate majority vote from both the municipality and the area to be annexed the annexation ordinance will become effective within 10 days or as otherwise provided in the ordinance (not more than 1 year following the date of the referendum). Possible options for referendum: The earliest special election could be held approximately 2 months after City Co~mission initiation. Under this scenario the City would incur %he entire cost for the election (wages for poll workers, printing costs etc.) estimated to be between $10,000 and $12,000. Another alternative would be to add the referendum to the regular November ballot. Under this scenario the cost to the City could be reduced to approximat:ely $3,000 (required advertising, ballot printing costs etc.). The third alternative would be to add the referendum to the regular March, 1993 ballot. No significant increase over those incurred for the regular election are anticipated under this scenario. OTHER: Street name conflict: During further review of the annexation proposal it is noted that with annexation of the trailer park there will be two City streets named Greenbriar Drive. The other Greenbriar Drive is located in the Woodvue subdivision south of Germantown Road, east of the Andover subdivision. To avoid confusion for Fire, Police and Emergency vehicles one of the street's names needs to be changed. As the street within the trailer park has no home addresses on it, it is the logical choice for change. 'P&Z Staff Memorandum Annexation Highland Trailer Park Page 5 ASSESSMENT: Given the short time span between the Board's February meeting and the March meeting (3 weeks) inadequate time has been provided for owners of commercial properties to respond to voluntary annexation requests. It is anticipated that by the Board's April meeting answers will be obtained from the owners, and an appropriate a course of action can be ascertained. ALTERNATIVE ACTIONS: 1. Continue the annexation request to the April 20, 1992 meeting pending disposition of the annexation status of the commercial tracts along Atlantic Avenue. 2. Forward the Highland Trailer Park petition with a recommendation that the annexation be consummated at this time. 3. Forward the Highland Trailer Park petition with a recommendation that an ordinance be prepared for a dual referendum (timing to be a decision of the City Commission). Under either 2 or 3 the following conditions of approval of should be attached: *~ Receipt of a sewer easement for the south 2' ( of the north 8' of Lots 1-8) from Highland Park Company. * Receipt of a utility easement to cover existing utilities on Lot 170 from the Highland Park Company. RECOMMENDED ACTION: Board Discretion Attachments: * Subdivision Map * Aerial ........... HIGHLAND TR~I~ER PARK I ~ROV~: t~R~v£ -"- ..... SUNSET PINES ~.~v~' #/g~/cx~ BRIAR DRIVIr~ ATLANTIC AVENUE NURSERY~1 / PLANNING & ZO :lNG BOARD ? CITY OF DELRAY BEAOH --- 8T^FF REPORT--- MEETING DATE: February 24, 1992 AGENDA ITEM: III.B. ITEM: Annexation and Initial Zoning of MH, Highland Trailer Park Subdivision : ' t'illi i~.~ ...... L ~ ..... ar , ,,,?, ..... _ ?" OENERAL D^'T^: Owner ......................... Individual Lot Owners Agent ......................... City Initiated. Location ...................... On tho west side of Barwlck Road~ between Greenbrlar Drive and the L.W.D.D. Canal L-33. Property Size ................. 16.86 Acres City Land Use Plan ............ Transitional and Open Space Current County Zoning ......... AR (Agricultural Residential) Proposed City Zoning .......... MH (Mobile Home) Adjacent Zoning ............... North: RS (Single Family - County Zoning) East: CF (Community Facilities) South: CG/SE (Commercial General/ Special Exception - County Zoning) West: RM (Residential Medium Density - County Zoning) and CS (Commercial Specialized - County Zoning). Existing Land Use ............. Mobile Home Park Water Service ................. Utilities exist on-site. Sewer Service ................. Utilities exist on-site. III.B. ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation on a proposed Annexation with initial zoning to (MH) Mobile Home for the Highland Trailer Park. The subject property is located at approximately the northwest corner of Barwick Road and Atlantic Avenue. BACKGROUND: In March, 1956 the Highland Trailer Park subdivision was approved by the County Commission. The subdivision is made up of 160 individually owned lots and 2 common lots owned by the Highland Trailer Park Company (Homeowner's Association). The average lot size is approximately 40' x 80', or 3,200 sq.'ft. The City Attorney's office has been working with the Planning Department, the City Clerk's office, and the residents of the Highland Trailer Park to get water service agreements executed by all property owners. Agreements for all owners (162 lots, 131 residences) have been obtained and recorded. Within the water service agreements the standard annexation clause was included. With the recent voluntary annexation of the Barwick Middle School property, the trailer park has become contiguous to the City and, thus eligible for annexation. A request by telephone from an official of Highland Park Company (owner of common property in the park) was also received to initiate the annexation. Through the initiation of the annexation the City will be "calling in" these water service agreements. On February 9, 1992 the City Commission initiated the annexation of the Highland Trailer Park with initial zoning of MH (Mobile Home) on a unanimous 5-0 vote. PROJECT DESCRIPTION: The site proposed for annexation includes 162 lots, 131 separate mobile home residences (some containing multiple lots), a common recreation tract (containing a recreation building, pool, 4 shuffle board courts) and a vacant tract used for storage of recreational vehicles. Ail lots are either occupied by a unit or tied to units as accessory vacant yard area. The subdivision contains public streets which are privately maintained by the Homeowner's Association. The subdivisions water is supplied through a master meter and water and sewer charges are paid by the Homeowner's Association. · P&Z Staff Report Annexation of the Highland Trailer Park 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 property is contiguous with the City, reasonably compact, and its annexation will not create an enclave. However, annexation of the property will create an isolated commercial tract fronting on Atlantic Avenue. This commercial tract currently contains three commercial building (G & Z Auto Care Inc., Handy Market, and Delray Farms Market Inc.) each receiving City water. The Handy Market (lots 6 and a portion of lots 5 and 7) is the only building which receives water service via a water service agreement. The method by which the other two buildings received water service is unclear. The three buildings are not served by the municipal sewer system. How these properties are to be sewered in the future is a concern. Access into the sewer system within the park may be required. Consistency between the City and County Land Use and Zoning Designations: The City's Future Land Use Map designation is "Transitional" and is consistent with the County land use designation of Residential (12 units per acre). Our "Transitional" land use designation allows a combination of low and medium density conventional residential uses as well as mobile home residential uses. The proposed City zoning of MH (Mobile Home) is a specialized zoning district which allows mobile home parks. The existing County zoning of 'AR (Agricultural Residential) does not allow the current mobile home use. Upon annexation only the City zoning designation will be applicable to the property. The annexation is being conducted pursuant to the "annexation policies" within the Comprehensive Plan which has been deemed consistent by the County. ' P&Z Staff Report Annexation of the Highland Trailer Park Page 3 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). Following is a discussion of required services and potential provision levels: Police: Annexation will not require additional manpower, as the police currently pass the property while patrolling the City areas to the north, east and west and south of the site. With annexation, the residents will see an improvement in response time they currently receive from the County Sheriff's Department between 4 minutes (emergency call) and 6 minutes (non emergency call) for the Delray Police Department. Fire and Emerqency services: The annexation of this area will not require additional manpower. The municipal area is served by Fire Station # 4 (Barwick and Lake Ida Roads). With annexation the residents 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 Fire Department (Lake Ida and Barwick Roads). Water: The development is currently served by a combination of 4" and 6" water mains installed approximately 6 years ago by the Highland Park Homeowner's Association. This internal system has a 4" master meter which connects to 8" and 12" water mains located on the east side of Barwick Road. The system meets the required 500' minimum fire hydrant spacing for residential areas. The Fire Department has "flow tested" the system and it currently meets minimum water flow requirements (1000 gallons a minute) for fire suppression. Sewer: The development is currently served by 8" sewer mains within the park. These mains gravity feed into lift station No. 86, a small facility in the northeast corner of the site on lot 170. ' P&Z Staff Report Annexation of the Highland Trailer Park Page 4 Lot 170 is a common area owned by the Highland Park Company and is utilized for storage (boats, etc.). It is noted that an easement has not been provided for the portion of the sewer main and the lift station on Lot 170 (northeast corner). In discussing the matter with the City Utilities Department an easement will be required for the main. The existing lift station is to be relocated east and north of.the Barwick Middle School property with construction of the school. This location is necessary to accommodate sewer flows from the school. Streets: The streets within the development are dedicated to the public via the recorded plat. Although the streets are public the County has never accepted the maintenance responsibility for them. The streets are currently maintained by the Highland Park Homeowners Association. A field inspection of the streets was conducted and the following conditions were noted. * The streets are of substandard width - 18' versus our standard 24'. * The streets are within a substandard 40' right-of-way width. (Pursuant to Section 5.3.1(D)(2) 60 feet is required.) * Deficiencies are noted with the subbase under the streets. (Streets appear to be rippled indicating inadequate or non-existing subbase material.) * The streets are patched, uneven and contain dips for drainage maintenance. The street drainage system is inadequate and standing pools of water are evident. * Substandard or non-existent signs (i.e. street name and stop signs), and street markings (i.e. stop bars, center lines). * Substandard back out parking exists from the clubhouse onto Elmhurst Drive. * No sidewalks are provided throughout the development or along Barwick Road. * At several intersections within the park physical obstructions have been paved within the right-of-ways. These obstructions (steel bollards) appear to have been installed to encourage motor vehicles to avoid the pavement edge which is crumbling. P&Z Staff Report Annexation of the Highland Trailer Park Page 5 * Street lighting throughout most of the park is inadequate. A few street lights do exist along the north side of Grove Drive. The majority of units do have similar individual pole lights (5' high) in the front yards. Given the above it is the recommendation of the City's Traffic Engineer that the City does not accept the maintenance responsibility for the streets unless they are first brought up to City Standards by the Highland Park Homeowners Association. As inadequate traffic control devices and conditions exist within the Highland Trailer Park (i.e. stop signs, stop bars, back-out parking, (obstructions within rights-of-way etc.) the City Police Department will not assume traffic control enforcement within the park. The Homeowner's Association will be responsible for the traffic control function. The Police Department wi 11 however, respond to tra f f ic accident investigation and police assistance calls. Pine Grove Drive, the northernmost street within Highland Trailer Park serves as the only access to a portion of the Sunset Pines subdivision to the west. Sunset Pines is in the County and receives City water through a water service agreement. As Pine Grove Drive is a public street access rights of Sunset Pines are assured. Parks and Open Space: The addition of 131 residential units will not put additional demands on existing park facilities. The impact of these existing residents were factored in to the park demands calculated on buildout projections. It is noted that the development has its own recreational tract with a recreational building, pool and shuffle board courts. COMPREHENSIVE PLAN ANALYSIS: Land Use Analysis: The current County Land Use Designation for the site is "Residential" 12 units per acre. The City Land Use Designation for the parcel is "Transitional" and "Open Space" (Recreation Tract). The surrounding Land Use Map designations to the north are "Residential" (3 units per acre) in the County and "Residential- Low Density" in the City. To the west is a combination of "Residential" (5 units per acre) and "Commercial" in the County and "Transitional" in the City. To the south is "Commercial" in the County and "Transitional" in the City. To the east the site is bordered by property in the City with a land use designation of "Community Facilities". ~P&Z Staff Report Annexation of the Highland Trailer Park Page 6 The existing Land Uses are "Residential" (Kingland Pines) to the north, "Residential" (Sunset Pines) to the west, "Community Facilities" to the east (future site of Barwick Middle School) and "Commercial" (gasoline station, convenience market) to the south. The following Comprehensive Plan, Goals, Objectives and Polices apply to this proposal: Future Land Use Element Policy B-3.1 Services shall be provided to unincorporated areas upon annexation and they shall be at a level which exists for land uses elsewhere in the City under the same or similar conditions. Services will be provided to the annexed area at levels of service similar to other properties in similar conditions. It is noted that improvements in response times will be realized in Fire, E.M.S. and Police services. Housinq Element Objective C-4 That the City shall carry its fair share of low and moderate income housing needs and its fair share of subsidized projects which are directed toward meeting housing needs. Housinq Element Policy C-3.2 Affordable housing shall also be achieved by the accommodation of various housing types per policies C-4 and C-5 and public assistant programs. The annexation of the Highland Trailer park will add 131 units of affordable housing units to the City. These units along with existing units within Carter Estates, Auburn Trace, and Alamanda Gardens will be counted toward meeting the City's affordable housing obligation. ZONING ANALYSIS: The current County zoning designation for the parcel is AR (Agricultural Residential). The proposed initial City zoning designation is MH (Mobile Home). The surrounding zoning designations are RS (Single Family) County zoning to the north, CG/SE (Commercial General/Special Exception) County zoning to the south, and combination of RM (Residential Medium Density) and CS (Commercial Specialized) County zoning to the west and CF (Community Facilities) City zoning to the east. P&Z Staff Report Annexation of the Highland Trailer Park 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. Mobile homes and their attendant recreation facilities are allowed within the MH (Mobile Home) zoning category. The MH zoning designation is a consistent zoning designation under the "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 an existing development. Given this type of petition the required facilities (water, sewer, streets) have been previously discussed under the "Provision of Services" section of the staff report. Following is a discussion of the facilities not previously covered. Drainage: With site inspection a substandard drainage system is noted. The streets contain a 12" concrete apron on each side which serves as a swale area. These swales appear to be originally designed to divert water to culverts along Barwick Road. The elevations however do not operate as planned and pooling of water in low spots is evident. However, the Homeowner's Association has indicated that no major drainage problems are experienced by the park. Parks and Open Space: Park dedication requirements would apply for new residential development. However, this is an established development which is being annexed and therefore the requirements do not apply. P&Z Staff Report Annexation of the Highland Trailer Park Page $ Solid Waste: As this is an existing development the solid waste being generated is already accommodated in projected levels of solid waste service. Further, the impact of this use on the solid waste facility which is to accommodate all growth in the County is relatively insignificant. Compliance with Land Development Regulations: The proposed use is in compliance with the Land Development regulations. Upon annexation the trailer park will come under the development regulations of the City. The following regulations are highlighted at this time. Setbacks: Pursuant to Section 4.3.4 the following setbacks will apply to individual mobile home sites upon annexation: 5' front, 5' rear, 5'side street and 5'side interior. A representative of the Homeowner's Association has indicated that some of the existing trailers have a 3' side setback. Trailers at the perimeter of the park must comply with the setback requirements for the overall Mobile Home park. These requirements are 25' front (Barwick Road), 15' side street (Greenbriar Drive), 7.5' side interior (L.W.D.D. Canal), and 10' rear (abutting Sunset Pines). While these existing trailers can continue in their non-conforming state compliance with setback requirements for replacement trailers will be required. Back-out Parkinq alonq Barwick Road: Subdivision lots located along Barwick Road currently have parking which back out into Barwick Road. While this condition is acceptable for single family uses it is nonconforming for uses of this type. There is no solution to this nonconforming situation and it will therefore be allowed to continue. 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: P&Z staff Report Annexation of the Highland Trailer Park Page 9 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 a zoning designation which represents the existing land use 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 incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial zoning designation represents the existing residential land use which is compatible with residential uses to the north and west and the proposed community facility (Barwick Middle School) to the west. While incompatibilities exist with the commercial properties to the south these are a result of the impact of the commercial uses on the trailer park, and not the reverse. This incompatibility will be addressed during future redevelopment of the Commercial Tracts. 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 before you is an initial zoning designation to be assigned to property being annexed the above section does not apply. Fiscal Impacts: For the 1991 tax year the Highland Trailer Park, including common areas, had an assessed value of $2,636,117.00. Seventy of the 131 units qualified for the 25,000 homestead exemption reducing the total taxable value of the property to $1,275,245.00. At the 1991 City millage rate of 6.20 mills the property will generate a total of $7,906.52 of new taxes per year. In addition to the City tax revenue the City will receive approximately $24,318 of new per capita reimbursements from the state (see discussion under Impact to City). P&Z Staff Report Annexation of the Highland Trailer Park Page 10 Impact to Highland Park Residents: 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 2.1238 Deleted (County) Library .3939 Deleted (County) City of Delray Beach 6.2000 Added (City) City of Delray Beach Debt .9500 Added (City) +4.6323 Difference * · Total tax millage in the County is 19.2432 mills while in the City the total millage rate is 23.8755. Non Ad Valorem Taxes: Delray Bch. Storm Water Util. Add approx. $6.48 per unit\yr or $848.88 total for the park Solid Waste Authority Change from current $201.34\yr. to between $151.80 & $251.64\yr. What this actually means for a $10,000 home which does not qualify for homestead exemption is an increase in taxes from approximately $192.43 to $238.75. Each resident however, will save the 25% surcharge for sewer and water fee currently charged for outside City service. This equates to a yearly savings for the park $10,125.92 or $77.30 per year per unit (25% of $40,503.68 - 1991 sewer and water fees). Impact to City: The City will gain approximately $7,906.00 a year in new tax revenue. However, the greatest amount of revenue from the annexation will occur through per capita reimbursements to the City. The major sources of per capita revenue are cigarettes, sales and state revenue sharing. The most current available per capita reimbursement figure is $173.70 per person. The population of the annexation area is estimated to be approximately 262 persons (2 persons per unit). As the per capita revenue only applies to permanent residents only 70 of the units which qualify for the homestead exemption have been used. The resulting population figure of 140 persons will result in an additional income to the City of $24,318. P&Z Staff Report Annexation of the Highland Trailer Park Page 11 With annexation the City will lose the 25% surcharge currently paid as Utility fees ($10,125.92 -1991 sewer and water surcharge paid). Even with this reduction the City will receive an overall fiscal benefit of approximately $22,099. 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 February 13, 1992 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. ASSESSMENT AND CONCLUSIONS: The annexation of the Highland Trailer Park will provide a benefit to the residents of the park via better response time for Police, Fire and E.M.S. units. Although the residents will experience a slight increase in taxes this increase will be more than offset by Utility fee savings through elimination of the 25% surcharge for outside City services. The City will benefit both fiscally, and through the additional of 131 affordable housing units. As the existing streets within the park are substandard the City should not accept maintenance responsibility for them. The annexation ordinance should specifically state that maintenance responsibility for the streets as well as traffic control will not be accepted by the City. These function are to continue to be the responsibility of the Homeowner's Association. However, if the streets were brought up to current code by the Homeowner's Association the City could consider accepting maintenance responsibility and traffic control at that time. Since outstanding question remain with respect to the ability to annex the commercial properties along Atlantic Avenue as well as how to provide sewer service final .action on this annexation should be postponed. The Board should however, take public testimony and discuss the item at their meeting. P&Z Staff Report Annexation of the Highland Trailer Park Page 12 A L T E R N A · ? V E S: A. Continue with direction. B. Recommend approval of the annexation request and initial zoning designation of MH (Mobile Home) upon positive findings. C. Recommend denial of the Annexation and initial zoning based upon a failure to make positive findings. STAFF RECOMMENDATION: Recommend taking public testimony and continuing the annexation to the March 16, 1992 meeting pending disposition of sewer and annexation questions of the commercial tract along Atlantic Avenue. PD/#44/HIGHLAND.D0C HIGHLAND TRAILER PARK ANNEXATION MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~/~ - MEETING OF FEBRUARY 11. 1992 INITIATION OF ANNEXATION/HIGHLAND TRAILER PARK DATE: February 7, 1992 This item is before you to authorize staff to initiate (calling in of water service agreements) the annexation, with initial City zoning of MH (Mobile Home), of the Highland Trailer Park located on the northwest corner of Barwick Road and Atlantic Avenue. This action was prompted by a telephone call from an official of the Highland Park Company (owner of common property in the trailer park) requesting initiation of annexation action. In 1984, and again in 1987 water service agreements were obtained from all owners (170 lots, 130 residences) of the Highland Trailer Park. The standard annexation clause was included in the water service agreements. With the recent voluntary annexation of Middle School HH-2, the trailer park has become contiguous to the City and thus, eligible for annexation. The commercial area fronting along Atlantic Avenue is not included in this annexation action. The Planning and Zoning Board did not review the initiation of the annexation request. The Board is scheduled to review the actual annexation request at their February 24, 1992 regular meeting. Recommend approval of the initiation of annexation with initial City zoning of MH (Mobile Home) of the Highland Trailer Park located on the northwest corner of Barwick Road and Atlantic Avenue. CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: P~ORLING,.PLANNER~ II SUBJECT: MEETING OF FEbrUARY 11, 1992 INITIATION OF ANNEXATION AND INITIAL ZONING (HIGHLAND TRAILER PARK) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of initiation of an annexation with an initial zoning of MH (Mobile Home) for the Highland Trailer Park. The properties are located at approximately the northwest corner of Barwick Road and Atlantic Avenue. Pursuant to Section 2.4.5(C) (Annexation of Territory) the City may initiate an annexation of private property if said right has been delegated via provisions of a water service agreement or other agreement to that end. BACKGROUND: In 1984, and again in 1987 water service agreements were obtained from all owners (170 lots, 130 residences) of the Highland Trailer Park. Within the water service agreements the standard annexation clause was included. With the recent voluntary annexation of the Barwick Middle School, the trailer park has become contiguous to the City and, thus, eligible for annexation. A request by telephone from an official of Highland Park Company (owner of common property in the park) was also received to initiate the annexation. Through the initiation of the annexation the City Commission will be "calling in" these existing water service agreements. PLANNING AND ZONING BOARD CONSIDERATION: Planning and Zoning did not review the initiation of the annexation request. The Planning and Zoning Board is scheduled to review the actual annexation request at their February 24, 1992 regular meeting. City Commission Documentation Initiation of Annexation and Initial Zoning Page 2 RECOMMENDED ACTION: By motion, initiate the annexation with initial zoning of MH (Mobile Home) for the Highland Trailer Park. Attachment: * Cover Map of Taller Park * Aerial of Trailer Park Area PD/#43/CCMH.DOC HIGHLAND TRAILER PARK m GROVE DRIVE ~' SUNSET PINES "Commercial Area is Not Included" ATLANTIC AVENUE ~lS,..j//'- NURSERY PLANNING & ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: February 24, 19.92 AGENDA ITEM: III, B. r~EM: Annexation and Initial Zonin~ of MH, Hi~h.l.a.n.d.. Trailer Park Subdivision IIII I!1111111 \~ i'i i"! ~a.x,~a~ .... - GENERAL DATA: Owner ......................... Zndividua! Lot Owners Agent ......................... City initiated, Location ...................... On the west side of Ba~ick Road, between Greenbriar Drive and the L.W.D.D. Canal L-33. Property Size ................. 16.86 Acres City Land Use Plan ............ Transitional and Open Space Current County Zoning ......... AR (Agricultural Residential) Proposed City Zoning .......... MH (Mobile Home) Adjacent Zoning ............... North: RS (Single Family - County Zoning) East: CF (Community Facilities) South: CG/SE (Commercial General/ Special Exception - County Zoning) West: RM (Residential Medium Density - County Zoning) and CS (Commercial Specialized - County Zoning). Existing Land Use ............. Mobile Home Park Water Service ................. Utilities exist on-site. Sewer Service ................. Utilities exist on-site. III.B. ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation on a proposed Annexation with initial zoning to (MH) Mobile Home for the Highland Trailer Park. The subject property is located at approximately the northwest corner of Barwick Road and Atlantic Avenue. BACKGROUND: In March, 1956 the Highland Trailer Park subdivision was approved by the County Commission. The subdivision is made up of 160 individually owned lots and 2 common lots owned by the Highland Trailer Park Company (Homeowner's Association). The average lot size is approximately 40' x 80', or 3,200 sq.ft. The City Attorney's office has been working with the Planning Department, the City Clerk's office, and the residents of the Highland Trailer Park to get water service agreements executed by all property owners. Agreements for all owners (162 lots, 131 residences) have been obtained and recorded. Within the water service agreements the standard annexation clause was included. With the recent voluntary annexation of the Barwick Middle School property, the trailer park has become contiguous to the City and, thus eligible for annexation. A request by telephone from an official of Highland Park Company (owner of common property in the park) was also received to initiate the annexation. Through the initiation of the annexation the City will be "calling in" these water service agreements. On February 9, 1992 the City Commission initiated the annexation of the Highland Trailer Park with initial zoning of MH (Mobile Home) on a unanimous 5-0 vote. PROJECT DESCRIPTION: The site proposed for annexation includes 162 lots, 131 separate mobile home residences (some containing multiple lots), a common recreation tract (containing a recreation building, pool, 4 shuffle board courts) and a vacant tract used for storage of recreational vehicles. Ail lots are either occupied by a unit or tied to units as accessory vacant yard area. The subdivision contains public streets which are privately maintained by the Homeowner's Association. The subdivisions water is supplied through a master meter and water and sewer charges are paid by the Homeowner's Association. P&Z Staff Report Annexation of the Highland Trailer Park 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 property is contiguous with the City, reasonably compact, and its annexation will not create an enclave. However, annexation of the property will create an isolated commercial tract fronting on Atlantic Avenue. This commercial tract currently contains three commercial building (G & Z Auto Care Inc., Handy Market, and Delray Farms Market Inc.) each receiving City water. The Handy Market (lots 6 and a portion of lots 5 and 7) is the only building which receives water service via a water service agreement. The method by which the other two buildings received water service is unclear. The three buildings are not served by the municipal sewer system. How these properties are to be sewered in the future is a concern. Access into the sewer system within the park may be required. Consistency between the City and County Land Use and Zoning Designations: The City's Future Land Use Map designation is "Transitional" and is consistent with the County land use designation of Residential (12 units per acre). Our "Transitional" land use designation allows a combination of low and medium density conventional residential uses as well as mobile home residential uses. The proposed City zoning of MH (Mobile Home) is a specialized zoning district which allows mobile home parks. The existing County zoning of AR (Agricultural Residential) does not allow the current mobile home use. Upon annexation only the City zoning designation will be applicable to the property. The annexation is being conducted pursuant to the "annexation policies" within the Comprehensive Plan which has been deemed consistent by the County. P&Z Staff Report Annexation of the Highland Trailer Park Page 3 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). Following is a discussion of required services and potential provision levels: Police: Annexation will not require additional manpower, as the police currently pass the property while patrolling the City areas to the north, east and west and south of the site. With annexation, the residents will see an improvement in response time they currently receive from the County Sheriff's Department between 4 minutes (emergency call) and 6 minutes (non emergency call) for the Delray Police Department. Fire and Emergency services: The annexation of this area will not require additional manpower. The municipal area is served by Fire Station # 4 (Barwick and Lake Ida Roads). With annexation the residents 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 Fire Department (Lake Ida and Barwick Roads). Water: The development is currently served by a combination of 4" and 6" water mains installed approximately 6 years ago by the Highland Park Homeowner's Association. This internal system has a 4" master meter which connects to 8" and 12" water mains located on the east side of Barwick Road. The system meets the required 500' minimum fire hydrant spacing for residential areas. The Fire Department has "flow tested" the system and it currently meets minimum water flow requirements (1000 gallons a minute) for fire suppression. Sewer: The development is currently served by 8" sewer mains within the park. These mains gravity feed into lift station No. 86, a small facility in the northeast corner of the site on lot 170. P&Z Staff Report Annexation of the Highland Trailer Park · Page 4 Lot 170 is a common area owned by the Highland Park Company and is utilized for storage (boats, etc.). It is noted that an easement has not been provided for the portion of the sewer main and the lift station on Lot 170 (northeast corner). In discussing the matter with the City Utilities Department an easement will be required for the main. The existing lift station is to be relocated east and north of the Barwick Middle School property with construction of the school. This location is necessary to accommodate sewer flows from the school. Streets: The streets within the development are dedicated to the public via the recorded plat. Although the streets are public the County has never accepted the maintenance responsibility for them. The streets are currently maintained by the Highland Park Homeowners Association. A field inspection of the streets was conducted and the following conditions were noted. * The streets are of substandard width - 18' versus our standard 24'. * The streets are within a substandard 40' right-of-way width. (Pursuant to Section 5.3.1(D)(2) 60 feet is required.) * Deficiencies are noted with the subbase under the streets. (Streets appear to be rippled indicating inadequate or non-existing subbase material.) * The streets are patched, uneven and contain dips for drainage maintenance. The street drainage system is inadequate and standing pools of water are evident. * Substandard or non-existent signs (i.e. street name and stop signs), and street markings (i.e. stop bars, center lines). * Substandard back out parking exists from the clubhouse onto Elmhurst Drive. * No sidewalks are provided throughout the development or along Barwick Road. * At several intersections within the park physical obstructions have been paved within the right-of-ways. These obstructions (steel bollards) appear to have been installed to encourage motor vehicles to avoid the pavement edge which is crumbling. P&Z Staff Report Annexation of the Highland Trailer Park Page 5 * Street lighting throughout most of the park is inadequate. A few street lights do exist along the north side of Grove Drive. The majority of units do have similar individual pole lights (5' high) in the front yards. Given the above it is the recommendation of the City's Traffic Engineer that the City does not accept the maintenance responsibility for the streets unless they are first brought up to City Standards by the Highland Park Homeowners Association. As inadequate traffic control devices and conditions exist within the Highland Trailer Park (i.e. stop signs, stop bars, back-out parking, (obstructions within rights-of-way etc.) the City Police Department will not assume traffic control enforcement within the park. The Homeowner's Association will be responsible for the traffic control function. The Police Department will however, respond to traffic accident investigation and police assistance calls. Pine Grove Drive, the northernmost street within Highland Trailer Park serves as the only access to a portion of the Sunset Pines subdivision to the west. Sunset Pines is in the County and receives City water through a water service agreement. As Pine Grove Drive is a public street access rights of Sunset Pines are assured. Parks and Open Space: The addition of 131 residential units will not put additional demands on existing park facilities. The impact of these existing residents were factored in to the park demands calculated on buildout projections. It is noted that the development has its own recreational tract with a recreational building, pool and shuffle board courts. COMPREHENSIVE PLAN ANALYSIS: Land Use Analysis: The current County Land Use Designation for the site is "Residential" 12 units per acre. The City Land Use Designation for the parcel is "Transitional" and "Open Space" (Recreation Tract ) . The surrounding Land Use Map designations to the north are "Residential" (3 units per acre) in the County and "Residential- Low Density" in the City. To the west is a combination of "Residential" (5 units per acre) and "Commercial" in the County and "Transitional" in the City. To the south is "Commercial" in the County and "Transitional" in the City. To the east the site is bordered by property in the City with a land use designation of "Community Facilities". · P&Z Staff Report Annexation of the Highland Trailer Park Page 6 The existing Land Uses are "Residential" (Kingland Pines) to the north, "Residential" (Sunset Pines) to the west, "Cc~'~unity Facilities" to the east (future site of Barwick Middle School) and "Commercial" (gasoline station, convenience market) to the south. The following Comprehensive Plan, Goals, Objectives and Polices apply to this proposal: Future Land Use Element Policy B-3.1 Services shall be provided to unincorporated areas upon annexation and they shall be at a level which exists for land uses elsewhere in the City under the same or similar conditions. Services will be provided to the annexed area at levels of service similar to other properties in similar conditions. It is noted that improvements in response times will be realized in Fire, E.M.S. and Police services. Housinq Element Objective C-4 That the City shall carry its fair share of low and moderate income housing needs and its fair share of subsidized projects which are directed toward meeting housing needs. Housinq Element Policy C-3.2 Affordable housing shall also be achieved by the accommodation of various housing types per policies C-4 and C-5 and public assistant programs. The annexation of the Highland Trailer park will add 131 units of affordable housing units to the City. These units along with existing units within Carter Estates, Auburn Trace, and Alamanda Gardens will be counted toward meeting the City's affordable housing obligation. ZONING ANALYSIS: The current County zoning designation for the parcel is AR (Agricultural Residential). The proposed initial City zoning designation is MH (Mobile Home). The surrounding zoning designations are RS (Single Family) County zoning to the north, CG/SE (Commercial General/Special Exception) County zoning to the south, and combination of RM (Residential Medium Density) and CS (Commercial Specialized) County zoning to the west and CF (Community Facilities) City zoning to the east. P&Z Staff Report . Annexation of the Highland Trailer Park 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. Mobile homes and their attendant recreation facilities are allowed within the MH (Mobile Home) zoning category. The MH zoning designation is a consistent zoning designation under the "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 an existing development. Given this type of petition the required facilities (water, sewer, streets) have been previously discussed under the "Provision of Services" section of the staff report. Following is a discussion of the facilities not previously covered. Drainage: With site inspection a substandard drainage system is noted. The streets contain a 12" concrete apron on each side which serves as a swale area. These swales appear to be originally designed to divert water to culverts along Barwick Road. The elevations however do not operate as planned and pooling of water in low spots is evident. However, the Homeowner's Association has indicated that no major drainage problems are experienced by the park. Parks and Open Space: Park dedication requirements would apply for new residential development. However, this is an established development which is being annexed and therefore the requirements do not apply. P&Z Staff Report Annexation of the Highland Trailer Park Page 8 Solid Waste: As this is an existing development the solid waste being generated is already accommodated in projected levels of solid waste service. Further, the impact of this use on the solid waste facility which is to accommodate all growth in the County is relatively insignificant. Compliance with Land Development Regulations: The proposed use is in compliance with the Land Development regulations. Upon annexation the trailer park will come under the development regulations of the City. The following regulations are highlighted at this time. Setbacks: Pursuant to Section 4.3.4 the following setbacks will apply to individual mobile home sites upon annexation: 5' front, 5' rear, 5'side street and 5'side interior. A representative of the Homeowner's Association has indicated that some of the existing trailers have a 3' side setback. Trailers at the perimeter of the park must comply with the setback requirements for the overall Mobile Home park. These requirements are 25' front (Barwick Road), 15' side street (Greenbriar Drive), 7.5' side interior (L.W.D.D. Canal), and 10' rear (abutting Sunset Pines). While these existing trailers can continue in their non-conforming state compliance with setback requirements for replacement trailers will be required. Back-out Parking along Barwick Road: Subdivision lots located along Barwick Road currently have parking which back out into Barwick Road. While this condition is acceptable for single family uses it is nonconforming for uses of this type. There is no solution to this nonconforming situation and it will therefore be allowed to continue. 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: P&Z Staff Report Annexation of the Highland Trailer Park Page 9 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 a zoning designation which represents the existing land use 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 incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial zoning designation represents the existing residential land use which is compatible with residential uses to the north and west and the proposed community facility (Barwick Middle School) to the west. While incompatibilities exist with the commercial properties to the south these are a result of the impact of the commercial uses on the trailer park, and not the reverse. This incompatibility will be addressed during future redevelopment of the Commercial Tracts. 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 before you is an initial zoning designation to be assigned to property being annexed the above section does not apply. Fiscal Impacts: For the 1991 tax year the Highland Trailer Park, including common areas, had an assessed value of $2,636,117.00. Seventy of the 131 units qualified for the 25,000 homestead exemption' reducing the total taxable value of the property to $1,275,245.00. At the 1991 City millage rate of 6.20 mills the property will generate a total of $7,906.52 of new taxes per year. In addition to the City tax revenue the City will receive approximately $24,318 of new per capita reimbursements from the state (see discussion under Impact to City). P&~ Staff Report Annexation of the Highland Trailer Park Page 10 Impact to Highland Park Residents: 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 2.1238 Deleted (County) Library .3939 Deleted (County) City of Delray Beach 6.2000 Added (City) City of Delray Beach Debt .9500 Added (City) +4.6323 Difference * · Total tax millage in the County is 19.2432 mills while in the City the total millage rate is 23.8755. Non Ad Valorem Taxes: Delray Bch. Storm Water Util. Add approx. $6.48 per unit\yr or $848.88 total for the park Solid Waste Authority Change from current $201.34\yr. to between $151.80 & $251.64\yr. What this actually means for a $10,000 home which does not qualify for homestead exemption is an increase in taxes from approximately $192.43 to $238.75. Each resident however, will save the 25% surcharge for sewer and water fee currently charged for outside City service. This equates to a yearly savings for the park $10,125.92 or $77.30 per year per unit (25% of $40,503.68 - 1991 sewer and water fees). Impact to City: The City will gain approximately $7,906.00 a year in new tax revenue. However, the greatest amount of revenue from the annexation will occur through per capita reimbursements to the City. The major sources of per capita revenue are cigarettes, sales and state revenue sharing. The most current available per capita reimbursement figure is $173.70 per person. The population of the annexation area is estimated to be approximately 262 persons (2 persons per unit). As the per capita revenue only applies to permanent residents only 70 of the units which qualify for the homestead exemption have been used. The resulting population figure of 140 persons will result in an additional income to the City of $24,318. P&Z Staff Report Annexation of the Highland Trailer Park Page 11 With annexation the City will lose the 25% surcharge currently paid as Utility fees ($10,125.92 -1991 sewer and water surcharge paid). Even with this reduction the City will receive an overall fiscal benefit of approximately $22,099. 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 February 13, 1992 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. ASSESSMENT AND CONCLUSIONS: The annexation of the Highland Trailer Park will provide a benefit to the residents of the park via better response time for Police, Fire and E.M.S. units. Although the residents will experience a slight increase in taxes this increase will be more than offset by Utility fee savings through elimination of the 25% surcharge for outside City services. The City will benefit both fiscally, and through the additional of 131 affordable housing units. As the existing streets within the park are substandard the City should not accept maintenance responsibility for them. The annexation ordinance should specifically state that maintenance responsibility for the streets as well as traffic control will not be accepted by the City. These function are to continue to be the responsibility of the Homeowner's Association. However, if the streets were brought up to current code by the Homeowner's Association the City could consider accepting maintenance responsibility and traffic control at that time. Since outstanding question remain with respect to the ability to annex the commercial properties along Atlantic Avenue as well as how to provide sewer service final action on this annexation should be postponed. The Board should however, take public testimony and discuss the item at their meeting. P&Z Staff Report Annexation of the Highland Trailer Park Page 12 A L T E R N A T I V E S: A. Continue with direction. B. Recommend approval of the annexation request and initial zoning designation of MH (Mobile Home) upon positive findings. C. Recommend denial of the Annexation and initial zoning based upon a failure to make positive findings. STAFF RECOMMENDATION: Recommend taking public testimony and continuing the annexation to the March 16, 1992 meeting pending disposition of sewer and annexation questions of the commercial tract along Atlantic Avenue. PD/#44/HIGHLAND.DOC ......... HIOHLAND TR ~'"~ GROVE DRIVE SUNSET PINES "Commercial Area is Not Included" GREENBRIAR DRIVE N 8 ATLANTIC AVENUE NURSERY RATON'I~'DELRAY BEACH 'BOYNTON BE^CH~I~DEERFIELD BEACH BOCA ~EWS Published Daily Monday through Sunday Boca I~aton, Palm Beach County, Florida Delray Beach, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF PALM BEACH AN 0RDiN~NCE (~c THE CITY ~1~ ~ T~ CITY Before the undersigned authority personally appeared Nancy Smith, Inside Sales Man- ager of The News, daily newspapers pub- RROXI~TELY ~ FEET ~a~ OF WEST AT~TIC AVENUE; R~- VI~ING F~ THE RIGHTS AND OBLI~TI~S ~ ~10 ~ lished i~ Boc~ R~to~ i~ Palm Be~oh do~y, Florida; that the attached copy of advertise- A ~P FURTHER DESCRIBI~ THE PRO~RTY TO BE ANN~E~E. b~e ~;~e; o[: Affiant further says that The News is a newspaper published in Boca Baton, in said ....... .-- Palm Beach County, Florida, Monday The a~ve notice ts'publis~ as r~ir through Sunday, and has been entered as seco~d class matte? at the post office i~ ~eli, ~W~N.W. BOC~ R~to~, P~m B~ch ~o~ty, F]oF~d~, ~om 8:m~:~ ~ s:~ P,M.,~d~y ~r~gh excwt ~1~ T~ City commi~l~ will fo~ ~ p~Jod of O~ y~ ~t p~c~d]~ th~ t~c~m~ first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the pur- pose of securing this advertisement for pub- lication in said newspapers. ~ray~ 8worn ~o and subscribed bofo~e mo q (Seal, ~o[a,y Publle, S[~~lorid~ ~[ large) I %~ CHARLENE O'NEILL ~ ~o~m~o~ e~ ~}~ ~' ~mm. E~p. 5-t-94 ~ L~ ~~Y 80nded thru Service CffY O~ D~LRAY B~AC# ORDINANCE NO. 19-B2 AN ORDINANCE OF THE CiTY MISSION OF THE CITY OF O£LRAY BEACH, FLORIDA, ANNEXING TO  THE CiTY OF DELRAY BEACH, LAND LY{NG AND BEING IN SEC- TION 13, TOWNSHIP G $OUTH~ RANGE 4~ EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DE- RATON'~DELRAY BEACH IBOYNTON BEACH~I'DF, ERFIELD BEACH SCRIBED HEREIN, WHICH LAND IS BOCA CONTIGUOUS TO EXISTING ~UN)C- JPAL LIMITS OF SAiD CITY; SAID LAND IS LOCATED ON BARWiCK ROAD, APPROXIMATELY 1~ FEET NORTH OF WEST ATLANTIC AVE- ARIES OF SAID CiTY TO INCLUDE Monday through Sunday SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF Boc~ ~a~on, Palm Be~ch County, Florld~ SAID LAND; PROVIDING FOR THE ZONING THEREOF TO MH (MOBILE Delray Beach. Palm Beach County, Florida .o~ DISTRICT; PROVIDING A PROVIOING A SAVING CLAUSE PROViDiNG AN EFFECTWE DATE WHEREAS, the femsimpIe owners COUNTY OF PALM BEACH ~ t,,. p~o,~m ..... ~ ,.~o BeaCh; and, Before the undersigned authority personally w.[.[~s, ,.~ .~, p~0~.. appeared Nancy Smith, Inside Sales Man- '~'*"~"~ ~ '~ c,,~0, ager of The News, daily newspapers pub- ~.' ........ .0~ ~.~,,v~ ~, ,.,. lished in Boca Baton in Palm Beach County, w.~.~, t~, des,gn,ti0n Florida; that the attached copy of advertise- ,,~o~ proceed)ng, and pKovls,ons Land Development Regulations merit was published in said newspapers in ',~:,,,~w°,,ep~o~eO Zonin~ ,esiBn~ the issues of: ,, .....  ~ hex lanes in accordance with Secti~ ~ ~~ I lT1.0.~i,eF(oridaStatutes, NOW, THEREFORE, BE IT OR- DAINED 8Y THE CITY CO~I~i SION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ ~. That the City Commiss~ 0f the City 0f gelray Beach, Polm lands JzaI~ i~ Palm 8each Affiant further says that The News i8 a newspaper published in Boca Baton, in said The Nc,h8 feet 0f L0tsl ,hr0ugh Palm Beach County, Florida, Monday ,~.~,,~, .,~.~,o PARK. ~cc0raing to the PJ~t th~, through Sunday, and has been entered as ,~ ~,,~ ~or~, o, ~,~ second class matter at the post office in gublJc ,,Kee,, lying wiihin ,~e Boca Baton, Palm Beach County. Florida. w~,, one half of the adjacent for a period of one year next preceding the j~cent t0 m. Hig~J~d Tr~i,e~ Su~ivisi0n. first publication of the attached copy of ~ ,. T,a, me b0un~ar~es ~ ~ advertisement; and affiant further says that ~eb~Ci' ~r~efi~,,8y ,oBeBc"i~Ju~FI0ridB',~re~ '"~ he has neither paid nor promised any a~v~escdbed tract, o( lBnd ,~,, I~nds 8re ~e~eby declBred lo be person, firm or corporation any discount, ray~each,~Jor,da. rebate, commission or refund for the pur- ~, 3. That Chapter Two ~ I~ Land Oevelopmenl Regulations pose of securing this advertisement for pub- been foN~ed in the es/abHshm~a lication in said newspapers, and the tracts ~ land hereinab~ ~ ~d~ are Nere~y ~lated to ~ d~ined ~ existing 0~dinances ~ ~ ~ Thai the land BUell aAeq tsnm ~ olqe I  HaJ '~!$aE~aua 'sno!uqme ~$un~o3 e$ua~ eaog [ Sworn to and subscribed before me this ~ I ~Jo~ Se SAeJ a~OS q~3 [ I ~-6 u~l~ 696~66 II~D '~JOM PJ~N ff o3 uo~$elleiSuJ/~J~AHep ,3ueHdde 'papaeN ~ RJOA[IOp ~ dn ~3[d onded Thru Service o. NOU 6U~II(M-SJaAO~ (aAeJi