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21-92 JUt-08-t~2 09:59am c~-~. --~nc~--~--/--~ ORB 7~ I:ITY DF DELRilY BEACH 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. 21-92 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 Ma6Gre~o~Ha~y- r ~' City Clerk -" ._. City of Delray Beach 2SEAL ~ THE EFFORT ALWAYS MATTERS ORDINANCE NO. 21-92 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 MUNICIP;tL LIMITS OF SAID CITY; SAID LAND IS LOCATED WEST OF BARWICK ROAD ON THE NORTH SIDE 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 NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Delray Farmers Market, Inc., % E.J. Kaneb, is the fee-simple owner of Lots 1, 2, 3, 4 and the West 35 feet of Lot 5, Highland Trailer Park, according to the Plat thereof, recorded in Plat Book 24, Page 213, of the Public Records of Palm Beach County, Florida, Less the North 8 feet thereof, and Less the South 28.25 feet thereof for road right-of-way for State Road 806; and, WHEREAS, Acme Petroleum Ltd. Corp. (Handy Mart) is the fee-simple owner of Lot 5 (Less the West 35 feet thereof), all of Lot 6, and the West 32 feet of Lot 7, Highland Trailer Park, according to the Plat thereof as recorded in Plat Book 24, Page 213, Public Records of Palm Beach County, Florida, Less the North 8 feet thereof, and Less the South 28.25 feet thereof for road right-of-way for State Road 806; and, WHEREAS, the fee-simple owners as hereinabove named have requested by their petition to have the property hereinafter described 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: Lots 1, 2, 3, 4 and the West 35 feet of Lot 5, HIGHLAND TRAILER PARK, according to the Plat thereof, recorded in Plat Book 24, Page 213, of the Public Records of Palm Beach County, Florida, LESS the North 8 feet thereof, and LESS the South 28.25 feet thereof for road right-of-way for State Road 806; together with the north one half of the adjacent Atlantic Avenue right-of-way lying south of and adjacent to said property. ORB P. Together with Lot 5 (LESS the West 35 feet thereof), all of Lot 6, and the West 32 feet of Lot 7, HIGHLAND TRAILER PARK, according to the Plat thereof as recorded in Plat Book 24, Page 213, Public Records of Palm Beach County, Florida, LESS the North 8 feet thereof, and LESS the South 28.25 feet thereof for road right-of-way for State Road 806; together with the north one half of the adjacent Atlantic Avenue right-of-way lying south of and adjacent to said property. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tracts of land and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tracts of land hereinabove described are hereby declared to be in Zoning District NC (Neighborhood Commercial) 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, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 3une , 1992. ATTEST: This instrument was prepared by: Jeffrey S. Kurtz, City Attorney 200 Av ue C'~ty C[erW / Delray Beach, FL 33444 First Reading May 26, 1992 Second Reading 3une 23, ~99Z -2- Ord. No. 21-92 ORB 7~ P~ q.& CREr. NBRIAR ORIV[ r~ ATLANTIC AVENUE: ~.~ " A.- ~£LRA¥ F'ARM£R'$ MAR~I[I -- ~NN£~AIIO~ -- RECORD VERiF)ED PAUv~ BEACH COL)NTY, FLA~ ORDINANCE NO. 21-92 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 WEST OF BARWICK ROAD ON THE NORTH SIDE 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 NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Delray Farmers Market, Inc., % E.J. Kaneb, is the fee-simple owner of Lots 1, 2, 3, 4 and the West 35 feet of Lot 5, Highland Trailer Park, according to the Plat thereof, recorded in Plat Book 24, Page 213, of the Public Records of Palm Beach County, Florida, Less the North 8 feet thereof, and Less the South 28.25 feet thereof for road right-of-way for State Road 806; and, WHEREAS, Acme Petroleum Ltd. Corp. (Handy Mart) is the fee-simple owner of Lot 5 (Less the West 35 feet thereof), all of Lot 6, and the West 32 feet of Lot 7, Highland Trailer Park, according to the Plat thereof as recorded in Plat Book 24, Page 213, Public Records of Palm Beach County, Florida, Less the North 8 feet thereof, and Less the South 28.25 feet thereof for road right-of-way for State Road 806; and, WHEREAS, the fee-simple owners as hereinabove named have requested by their petition to have the property hereinafter described 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 Defray 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: Lots 1, 2, 3, 4 and the West 35 feet of Lot 5, HIGHLAND TRAILER PARK, according to the Plat thereof, recorded in Plat Book 24, Page 213, of the Public Records of Palm Beach County, Florida, LESS the North 8 feet thereof, and LESS the South 28.25 feet thereof for road right-of-way for State Road 806; together with the north one half of the adjacent Atlantic Avenue right-of-way lying south of and adjacent to said property. Together with Lot 5 (LESS the West 35 feet thereof), all of Lot 6, and the West 32 feet of Lot 7, HIGHLAND TRAILER PARK, according to the Plat thereof as recorded in Plat Book 24, Page 213, Public Records of Palm Beach County, Florida, LESS the North 8 feet thereof, and LESS the South 28.25 feet thereof for road right-of-way for State Road 806; together with the north one half of the adjacent Atlantic Avenue right-of-way lying south of and adjacent to said property. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tracts of land and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tracts of land hereinabove described are hereby declared to be in Zoning District NC (Neighborhood Cor~nercial) 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, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 23r4 day of June , 1992. ATTEST: ~lty C~erW ! First Reading ~y 26, 1992 Second Reading June 23, 1992 -2- Ord. No. 21-92 GRE[.NBRIAR ORIV~ ~ ATLANTIC AVENUE ~,~,~,~''IL~O A.- DELRAY fARMER'S MARKET g.-- HANDY-MART -- ANNEXATION - Municipal Boundar~ Chan§e Notification Form Prepared in accordance with the Florida Statutes Please mark envelope "AITN: Annexation Notice" or 'AITN: Deannexation 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 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 (ArrN: Principal Planner) West Palm Beach, FL 33402-4177 800 13th Street, PBIA West Palm Beach, FL 33406 (X) 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 ( I~ 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 O~inance Number or Iden~fication: 21 - 92 Effective Date: 6 / 2 3 / 9 2 This Is a Notice of: (X) Annexation ( ) Deannexation Will addr~ss~ in the annexed ar~a b~ changed? (yes/no) See Attached POPULATION EFFECT ]~.kQ~%].~,~ STATEMENT (X) I~.,i,,a ¢~,, ~.S. IZD: Certified Copy of Adopting Ordinance, (l~r F.$. 186) Including Legal Description of Boundaries by Metes and Bounds andaMap (MapScale: 1" = 254' (Approx.) ) Best estimate of increase (decrease) (Map scale ~hould be large enough to ~ccutalely determine the lxx~dittes c~ the caused by this boundary change, amlexation or deannexation. If avaUable, pie~e include at le~t four monum~nted section corner~ o~ othe~ features that reder~c~ the mo~ummted ~ecttoo g~icL Total Population: - 0 -. Please do not fold the maD.) Single Family (X) ~.sse,.m ~ C,n,,,ty ag..,,:m a.a ut,2ai.: List of Affected Addresses Housing Units: - 0 - (Include the original addrm ~ncl, i~ they will be chmged, the new ~ ) Multi-Family Housing Units: - 0 - ( ) o~ion.: Coordinate Geometry of Annexed or Deannexed Area Mobile Homes: - 0 - Ge) Other(Specify: Annexation Brief ) CITY I)F DELRI:I¥ BEI:I£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. 0~. NO. 20-92 G & Z Auto Care, Inc. 4525 W. Atlantic Ave. 21-92 Handy Mart 4561W. Atlantic Ave. 21-92 Delray Fa~ers Market 4591W. Atlantic Ave. Calogero's Deli & Eate~ 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 Ba~ick 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, FI. ORIOA 33444 407/243.7400 * FAX 407/265-4660 _ ...... '~. HIGHLAND ' ER PARK GROVE DRIVE SUNSET PINES OREENBRIAR DRIVE ATLANTIC ,,.,,,~-,-,,..r ,.,~...,,-,- E N E ^~° ,-~. ; TREE NURSERY H JI, PJ~'ET , ,.~ ~..,.,,.. ,,J ~' HANDY MART - ANNEXATION BRIEF Property Control No.: 00-42-46-13-04-000-0051 Acreage: .49 acres Taxable Value: $223,477.00 Buildings on Parcel: 1 building Owner's Name & Address: Acme Petroleum LTD Corp. c/o James Keating 2777 Admirals Walk Drive N. Orange Park, Florida 32073 County Sheet Address: 4561W. Atlantic Avenue Delray Beach, Florida 33445 County Land Use Designation: Commercial with an alternative residential density of 8 units per acre. County Zoning Designation: General Commercial City Land Use Designation': Transitional City Zoning Designation: Neighborhood Commercial Actual Use of Property: Convenience store with a deli Legal Description: Highland Trailer Park Subdivision, Lot 5 (less W 35 feet), Lot 6 and W 32 feet of Lot 7 (less N 8 feet & 28.25 feet road Right-of-way there of) Name of Existing Store & Address: Handy Mart 4561 W. Atlantic Avenue Delray Beach, Florida 33445 PD/HM.DOC FARMERS MARKET - ANNEXATION BRIEF Property Control No.: 00-42-46-13-04-000-0011 00-42-46-13-04-000-0041 Acreage: .93 + .17 = 1.10 acres Taxable Value: $393,869.00 + $45,714.00 = $439,583.00 Number of Buildings on Parcel: * Property Control # 00-42-46-13-04-000-0011 - 1 building & 1 shed (for sod business) * Property Control # 00-42-46-13-04-000-0041 - no structures Owner's Name & Address: Delay Farmers Market Inc. c/o Edward J. Kaneb Rd #2 Highland Road Massena, New York 13662 County Street Address: 4591W. Atlantic Avenue Delay Beach, Florida 33445 County Land Use Desiqnatipn: Commercial with an alternate residential density of 8 units per acre County Zoning Designation: CG/SE (Commercial General/Special Exception) City Land Use Designation: Transitional City Zoning Designation: NC (Neighborhood Commercial) Actual Current Use of Propgrty: Indoor Farmers Market/ Restaurant/Outside Sod Operation Legal Description: * Property Control # 00-42-46-13-04-000-0011 - Highland Trailer Park Subdivision Lots 1, 2, 3 & W 57 feet of Lot 4 (less N 8 feet & S 28.25 feet road right-of-way thereof) * Property Control # 00-42-46-13-04-000-0041 - Highland Trailer Park Subdivision E 18 feet of Lot 4 & W 35 feet of Lot 5 (less N 8 feet & S 28.25 feet road right-of-way thereof) Name of Existing Store: Alstromerias Daisy Flowers Apron Basket & Spice Catering Delray Farmers Market Calogero's Deli & Eating Lious Sod PD/FARM.DOC FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF' ELECTIONS Room 2002, The Capitol, Tallahassee, F'lorida 32399-09~50 1904~ 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, L i z~ Chi e~ Bureau of Administrative Code LC/dlb RECEIVED CI'[Y CLERK [lTV I]F I]ELIII:I¥ BEII[H 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, --_~..~,~,~.~z~-~ City Clerk AMH/rs Enclosures THE EFFORT ALWAYS MATTERS Municipa! Boundary Chan§e Notification Form Prepared in accordance with the Florida Statutes Please mark envelope "ATTN: Annexation Notice" or "ATTN: Deannexation 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 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~rN: Principal Planner) West Palm Beach, FL 33402-4177 800 13th Street, PBIA West Palm Beach, FL 33406 (g) 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 ( ~ 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 Conmct for Questions: Alison Harry, City Clerk Phone Number: 407/243-7050 Ordinance Number or Identification: 2 1- 9 2 Effective Date: 6 / 2 3 / 9 2 This Is a Notice of: (X) Annexation ( ) Deannexation Will addresses in the annexed ar~a be changed? (yes/no) See Attached POPULATION EFFECT ]~ STATEMENT (X) ~u~a fp~ g.s. ! 7Dr Certified Copy of Adopting Ordinance, (per F.S. 186) Including Legal Description of Boundaries by Metes and Bounds andaMap (MapScale: t" = 254'.. (Approx.) ) Best estimate of increase (decrease) (Map ~:~e ~houid be iatse enough to ~.ur~dy detmnme me m~nam~ ~ ~ caused by this boundary change: atmexatton or deannexation. If available, please include at le~t four monumented ~,ction corem ot other feature~ that reference the moeumented ~-tioe grid. Total Population: - 0 -. Pleme do no~ fold the map.) Single Family (X) £ssent~ [e~ Count~ agencm aha .,a.i~: List of Affected Addresses Housing Units: . - O - (Include the original adcltm.ne~ and, i/they will be chaaged, the new addr~_~ ) Multi-Family Housing Units: -0- ( ) orti,,ua: Coordinate Geometry of Annexed or Deannexed Area Mobile Homes: - 0- (X) Other(Specify: Annexation Brie~ ) CITY I)F I)ELIII:IY BEACH 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 4561 W. Atlantic Ave. 21-92 Delray Farmers Market 4591 W. Atlantic Ave. Calogero's Deli & Eatery 4591W. 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 Division Chief FIRE DEPARTMENT HEADQUARTERS· 101 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 407/243-7400 · FAX 407/265.4660 HIGHLAND ,~ _A~ E R PARK GROVE DRIVE ~' SUNSET PINES OREENBRIAR DRIVE N ~ 8 I ATLANTIC '~"'"~ "-'"' ~'."'.^v ,~.~,,,-,,,,,, ,. I TREE NURSERY HANDY MART - ANNEXATION BRIEF Property Control No.: 00-42-46-13-04-000-0051 Acreage: .49 acres Taxable Value: $223,477.00 Buildings on Parcel: 1 building Owner's Name & Address: Acme Petroleum LTD Corp. c/o James Keating 2777 Admirals Walk Drive N. Orange Park, Florida 32073 County Sheet Address: 4561W. Atlantic Avenue Delray Beach, Florida 33445 County Land Use Designation: Commercial with an alternative residential density of 8 units per acre. County Zoning Designation: General Commercial City Land Use Designation': Transitional City Zoning Designation: Neighborhood Commercial Actual Use of Property: Convenience store with a deli Legal Description: Highland Trailer Park Subdivision, Lot 5 (less W 35 feet), Lot 6 and W 32 feet of Lot 7 (less N 8 feet & 28.25 feet road Right-of-way there of) Name of Existing Store & Address: Handy Mart 4561W. Atlantic Avenue Delray Beach, Florida 33445 PD/HM.DOC FARMERS MARKET - ANNEXATION BRIEF Property Control No.: 00-42-46-13-04-000-0011 00-42-46-13-04-000-0041 Acreage: .93 + .17 = 1.10 acres Taxable Value: $393,869.00 + $45,714.00 = $439,583.00 Number of Buildinqs on Parcel: * Property Control # 00-42-46-13-04-000-0011 - i building & 1 shed (for sod business) * Property Control # 00-42-46-13-04-000-0041 - no structures Owner's Name & Address: Delay Farmers Market Inc. c/o Edward J. Kaneb Rd #2 Highland Road Massena, New York 13662 County Street Address: 4591W. Atlantic Avenue Delay Beach, Florida 33445 County Land Use Designatijon: Commercial with an alternate residential density of 8 units per acre County Zoning Designation: CG/SE (Commercial General/Special Exception) City Land Use Designation: Transitional City Zoning Designation: NC (Neighborhood Commercial) Actual Current Use of Property: Indoor Farmers Market/ Restaurant/Outside Sod Operation Legal Description: * Property Control # 00-42-46-13-04-000-0011 - Highland Trailer Park Subdivision Lots 1, 2, 3 & W 57 feet of Lot 4 (less N 8 feet & S 28.25 feet road right-of-way thereof) * Property Control # .00-42-46-13-04-000-0041 - Highland Trailer Park Subdivision E 18 feet of Lot 4 & W 35 feet of Lot 5 (less N 8 feet & S 28.25 feet road right-of-way thereof) Name of Existinq Store: Alstromerias Daisy Flowers Apron Basket a Spice Catering Delray Farmers Market Calogero's Deli & Eating Ltous Sod PD/FARM.DOC I:ITV OF OELRI:IY B CH 100N V~ 1st AVENU£ · DELAAY BEAC~ ;-LO~D~33444 · 40- 242 700'5 ,.Tune 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 I:ITY OF DELRflY BEfli:H 100NW 1st AVENUE · DELRAYBEACH FLO~RI~)A33444 · 407 243 7009 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 CITY OF DELRI:I¥ BEI:II:H 100 N W ls~ AVENUE · DELRAY BEACH FLOR!DA 33444 · 40,7 '243.700'3 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 DF DI LRllY ltl lll:H 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~ Harry City Clerk AMH/m Enclosures THE EFFORT ALWAYS MATTERS £1TY OF ELAI:I¥ BEI:I£H 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 Harry City Clerk AMH/m Enclosures THE EFFORT ALWAYS MATTERS CITY OF I]ELRilY BEI:I[H 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 CITY OF DELRI:IV BEI:II:H 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 Harry City Clerk AMH/m Enclosures THE EFFORT ALWAYS MATTERS £1TV DF DELBI:IV 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 Harry City Clerk AMH/m Enclosures THE EFFORT ALWAYS MATTERS CITY aF aELRKIY BErI£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 M ATTEF~S MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM % 16~ - MEETING OF JUNE 23, 1992 QRDINANCE NO. 21-92 DATE: June 19, 1992 This is the second reading of an ordinance annexing to the City the Delray Farmers Market and Handy Mart property located west of Barwick Road on the north side of West Atlantic Avenue; with initial zoning of NC (Neighborhood Commercial). At the May 12, 1992 regular meeting the Commission authorized the initiation of annexation for the Handy Mart. Subsequently, the Delray Farmers Market voluntarily joined the annexation petition. With the proposed annexation of the Highland Trailer Park this property has become contiguous to the City limits, and thus eligible for annexation. The Planning and Zoning Board at their May 18th meeting recommended approval of the annexation. Recommend approval of Ordinance No. 21-92 on second and final reading. ORDINANCE NO. 21-92 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 WEST OF BARWICK ROAD ON THE NORTH SIDE 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 NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Delray Farmers Market, Inc., % E.J. Kaneb, is the fee-simple owner of Lots 1, 2, 3, 4 and the West 35 feet of Lot 5, Highland Trailer Park, according to the Plat thereof, recorded in Plat Book 24, Page 213, of the Public Records of Palm Beach County, Florida, Less the North 8 feet thereof, and Less the South 28.25 feet thereof for road right-of-way for State Road 806; and, WHEREAS, Acme Petroleum Ltd. Corp. (Handy Mart) is the fee-simple owner of Lot 5 (Less the West 35 feet thereof), all of Lot 6, and the West 32 feet of Lot 7, Highland Trailer Park, according to the Plat thereof as recorded in Plat Book 24, Page 213, Public Records of Palm Beach County, Florida, Less the North 8 feet thereof, and Less the South 28.25 feet thereof for road right-of-way for State Road 806; and, WHEREAS, the fee-simple owners as hereinabove named have requested by their petition to have the property hereinafter described 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: Lots 1, 2, 3, 4 and the West 35 feet of Lot 5, HIGHLAND TRAILER PARK, according to the Plat thereof, recorded in Plat Book 24, Page 213, of the Public Records of Palm Beach County, Florida, LESS the North 8 feet thereof, and LESS the South 28.25 feet thereof for road right-of-way for State Road 806; together with the north one half of the adjacent Atlantic Avenue right-of-way lying south of and adjacent to said property. Together with Lot 5 (LESS the West 35 feet thereof), all of Lot 6, and the West 32 feet of Lot 7, HIGHLAND TRAILER PARK, according to the Plat thereof as recorded in Plat Book 24, Page 213, Public Records of Palm Beach County, Florida, LESS the North 8 feet thereof, and LESS the South 28.25 feet thereof for road right-of-way for State Road 806; together with the north one half of the adjacent Atlantic Avenue right-of-way lying south of and adjacent to said property. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tracts of land and said lands are hereby declared to be within the corporate limits of the City of D~lray 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 NC (Neighborhood Commercial) 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, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 CREENBRIAR 0RIV~ ~/ES'I' ATLANTIC AVENUE , ·,°~*%'~ ~'~ ~.~! rsr ~.,v£ ~ SHERWO00 _,.,~': A.- DE~AY FARMER'S MARKET B.- HANOY-MART - ANNEXATION - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~O - MEETING OF MAY 26. 1992 ORDINANCE NO, 21-92 DATE: May 22, 1992 This is a first reading of an ordinance annexing to the City the Delray Farmers Market and Handy Mart property located west of Barwick Road on the north side of West Atlantic Avenue; with initial zoning of NC (Neighborhood Commercial). At the May 12, 1992 regular meeting authorized the initiation of annexation of the Handy Mart. Subsequently, the Delray Farmer's Market jointed the annexation voluntarily. With the proposed annexation of the Highland Trailer Park this property has become contiguous to the City limits, and thus eligible for annexation. The Planning and Zoning Board at their May 18th meeting recommend approval of the annexation. Recommend approval of Ordinance No. 21-92 on first reading. ORDINANCE NO. 21-92 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 WEST OF BARWICK ROAD ON THE NORTH SIDE 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 NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Delray Farmers Market, Inc., % E.J. Kaneb, is the fee-simple owner of Lots 1, 2, 3, 4 and the West 35 feet of Lot 5, Highland Trailer Park, according to the Plat thereof, recorded in Plat Book 24, Page 213, of the Public Records of Palm Beach County, Florida, Less the North 8 feet thereof, and Less the South 28.25 feet thereof for road right-of-way for State Road 806; and, WHEREAS, Acme Petroleum Ltd. Corp. (Handy Mart) is the fee-simple owner of Lot 5 (Less the West 35 feet thereof), all of Lot 6, and the West 32 feet of Lot 7, Highland Trailer Park, according to the Plat thereof as recorded in Plat Book 24, Page 213, Public Records of Palm Beach County, Florida, Less the North 8 feet thereof, and Less the South 28.25 feet thereof for road right-of-way for State Road 806; and, WHEREAS, the fee-simple owners as hereinabove named have requested by their petition to have the property hereinafter described 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: Lots 1, 2, 3, 4 and the West 35 feet of Lot 5, HIGHLAND TRAILER PARK, according to the Plat thereof, recorded in Plat Book 24, Page 213, of the Public Records of Palm Beach County, Florida, LESS the North 8 feet thereof, and LESS the South 28.25 feet thereof for road right-of-way for State Road 806; together with the north one half of the adjacent Atlantic Avenue right-of-way lying south of and adjacent to said property. Together with Lot 5 (LESS the West 35 feet thereof), all of Lot 6, and the West 32 feet of Lot 7, HIGHLAND TRAILER PARK, according to the Plat thereof as recorded in Plat Book 24, Page 213, Public Records of Palm Beach County, Florida, LESS the North 8 feet thereof, and LESS the South 28.25 feet thereof for road right-of-way for State Road 806; together with the north one half of the adjacent Atlantic Avenue right-of-way lying south of and adjacent to said property. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tracts of land and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tracts of land hereinabove described are hereby declared to be in Zoning District NC (Neighborhood Commercial) 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, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 CREENBRIAR ORIV~ ~VES'F ATLANTIC AVENUE r~ A.- DELRAY FARM[R'S MARKET B.- HANOY-MART - ANN[XATION - CITY COMMISSION DOCUMENTATION TO: /~-DAVID T. HARDEN, CITY MANAGER ( THRU: VID J. KOVACS, DIRECTOR .DE~RTMENT OF PLA, NNING AND ZONING FROM: PAUL DORL~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 PA --_._ , ,,,,. .. _..~K. ~ SUNSET PINES - GREENBRIAR DRIVE N ATLANTIC AVENUE TREE !~° MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER{~ SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF MAY 1~, 1992 ~UTHORIZATION TO INITIATE R~uZ~H~=rNG/HANDY MART DATE: May 8, 1992 This item is before you to authorize the "calling-in" of the water service agreement with the owner of property located approximately 150 feet west of the northwest corner of Barwick Road and Atlantic Avenue (Delray Handy Mart). This proposed annexation encompasses the east 47 feet of Lot 5, all of Lot 6, and the west 32 feet of Lot 7, Highland Trailer Park Plat; with initial City zoning of NC (Neighborhood Commercial). With the recent annexation of the Barwick Middle School site, property to the east of this parcel, the Highland Trailer Park and G & C Auto, Inc. have become contiguous. Annexation proceedings have commenced for these properties, with final action continued so that the subject property and property to the west (Lots 1-4 and a portion of Lot 5) can be included in the overall annexation. The Planning and Zoning Board has not reviewed this initiation request. They are scheduled to review the actual annexation request at their May 18, 1992 regular meeting. Recommend approval of initiation of annexation for property described as the east 47 feet of Lot 5, all of Lot 6 and the west 32 feet of Lot 7, Highland Trailer Park Plat; with initial City zoning of NC (Neighborhood Commercial). CITY COMMISSION DOCUMENTATION TO: DAVID T. HA~EN, CITY ~NAGER THRU: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF.PLANNING AND ZONING FROM: PAUL DO~ING~LANNER II SUBJECT: MEETING OF mY 12, 1992 INITIATION OF ANNEXATION AND INITIAL ZONING (LOT 6 AND A PORTION OF LOTS 5 AND 7 OF THE HIGHLAND T~ILER PARK PLAT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of initiation of an annexation with initial zoning of NC (Neighborhood Commercial) for Lot 6 and a portion of Lots 5 and 7 of the Highland Trailer Park Plat (Handy Market). The project is located approximately 150' west of 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: On July 11, 1977 a water service agreement was obtained from the owner of the east 47' of Lot 5, all of Lot 6 and the west 32' of Lot 7 of the Highland Trailer Park Plat. Within the water service agreement the standard annexation clause was included. With the recent voluntary annexation of the Barwick Middle School, property to the east of this parcel, the Highland Trailer Park and G&C Auto Inc. have become contagious. Recently annexations of these parcels have been processed. Final action on these annexations has been continued so that this property and property to the west (Lots 1-4 and a portion of Lot 5) can be included in the annexation petition. Lots 1-4 and a portion of Lot 5 will be annexed via a voluntary annexation and the annexation action will then include the Highland Trailer Park and the entire commercial tract to the south. City Commission Documentation Annexation - Highland Trailer Park Plat Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board did not review the initiation of the annexation request. The Planning and Zoning Board is scheduled to review the actual annexation request at their May 18, 1992 regular meeting. RECOMMENDED ACTION: By motion, initiate the annexation with initial zoning of NC (Neighborhood Commercial) for the east 47' of Lot 5, all of Lot 6 and the west 32' of Lot 7 of the Highland Trailer Park Plat. Attachment: * Sketch of Area * Aerial of Area PD/CCHIGH.DOC ........... ,'~ ..... HIGHLAND T R,z'~",~E R _PAR K_ GROVE DRIVE SUNSET PINES OREENBRIAR DRIVE ATLANTIC ~Y "*~'"~ "~'.Av,.:'~ TREE NURSERY · ' '~ ' '~ ' NO'IICE OF PUBLIC NEARING '..,~.~*-.a~-,~a..~-¢,j .,.~....~-... :.Z: : ' "~.~i' ''.''~'''~'~'~' ~' '~' "", ' ':' ' ' "' "' · ' ~ r:~.~.~ NOW, THErefOrE, ~E DA~NED B" THE OTv COMMIS. CI~OF~L~YBEACH ~ SION OF THE CiTY OF DELR~Y BEACH, FLORIDA, AS FOLLOWS: ORDNANCE NO, 21.g2 Sec~ 1. That the C~ty Commission , ,,,, , ,, AN ORDINANCE OF THE CiTY COM- of t~e C~ty of Delray Beach, P~lm MISSION OF THE CiTY OF DELRAY Be~ch CounW, Florida, hereby annex-  BEACH, FLORIDA, ANNEXJNG TO es to sa;d &ty the ¢o~ow~ng THE CiTY OF DELRAYBEACH, ~ands located in Palm Beach Coun1~, LAND LYING AND BEING ~N SEC. Florida, which lies contiguous ~o sai~ T~ON ]3, TOWNSHIP ~ SOUTH, Cif~ fo-wit: RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND ~EING Lots ~, 2, 3, 4 and the west 35 feet MORE PARTICULARLY DE- Lot J, HLGHLAND TRAILE~ PA~K, RATON~DELRAY BEACH BOYNTON BEACtt~ DEERFIEI. D BEACII SCRIBED HERE~N, WHICH LAND IS according to the Plat thereo, record~ BOCA CONTIGUOUS TO EX~STING ~UNIC- }n Plat Book 24, Page 213, of the Public IPAL LIMITS OF SAID CITY; SAID Records of Palm Beech Coumy, Flori- LAND IS LOCATED WEST OF BAR- da LESS the North ~ {eec lhereoL and W~CK ROAD ON THE NORTH S~D~ LESS the South 2825 f~f thereo~ OF WEST ATLANTIC AVENUE; RE- road right.f-way {or State Road 806; Published D~ilv ~,,,,~,~ THE BOUNDARIES OF together wit, the north one ,aH of the Monday through_ __~Sundav LAND; P"0VIDING FOR TH~ ~ying so~,h 0, a~d ~acent I0 said Boca Baton, Palm Beach County. Florida s~,~ ~.~; ~ov,~,.~ ~o~ Delray Beach. Palm Beach County. Florida (.~,G.~o~.ooo STATE OF FLORIDA ~.~s, 0~,r.... ..... ~.r~.,, .~ ~, ..~ .~, ~.~, COUNTY OF PALM BEACH ...... , Lo~ 1, 2, 3, 4 and the West 35 LESS the Sogth mb.mS (eet thereof for onally ia Plat B.k 24, Page 213, o( the Public .djacent Altantk A ...... Before theundersigned authority pers ..~0,~, ~ Palm Be,c, c0u.ty, FI0ri- lyin, s0u,~ 0, an~ a0iacen, appeared Nancy Smith. Inside Sales Man- ~., ,~ so~,~ ~.~, ,~, ,~, ager of The News. daily newspapers pub- ~"", ~,,~ 0, Oelray ~ea~,, F,orid ..... lished in Boca Baton in Palm Beach County, ~o~, ..~ ~,~ ,~ ,,. ,~,~,~ ,~0 .... ,,~ ~,~ Florida;that the attached copy ofadvertise- ot.er~,),,allL°t0,5 Lot(k~',, the~nd Westt,e WestO~ ,eetO; ,,eray 8each,c°r"°ra'eF,0rida'imits o* t~e ment was published in said newspapers in ~.~,,,., ,0 ,,e Pla, ,.er~ ,s r~ ~,.. ,. T~a, Chapter Two the issues of: ,~ ~.~. ~, ~,~ ~ ~,~,, ~.. ,o,,~ ,~ ,~ ~,,~,,.~, Affiant further says that The News is a ~n~, newspaper published in Boca Baton. in said w.~, t,e desigaatio, o, ..... ,.hied propedy, indud,.g Palm Beach County. Florida, Monday ~,~ ~r~o~,.~, ~.0 ~ro~,.,~. o,, .o~ ~ ~ ~,~.~ through Sunday,and has been entered as ,,,,,~,~e p¢~ ~ni~g desi*na- [ 0therw~se sp~ifical,y (nitiateU by second class matter at the post office in ,, ..... d, ~ city, ...... ,, ....... t requirem~ Boca Baton, Palm Beach County. Florida, ,,, here,oiore b ..... ,horize~, .... / ~ ,. That aU ordi first publication of the attached copy of advertisement; and affiant further says that ,~o. ,~,.,, ..~ ...~,,, he has neither paid nor promised any pele.t ~uri~icfi0. 10 person, firm or corporation any discount, '"~p,rt remainderthereof 01herher~*than rebate, commission or refund for the pur- pose of securing this advertisement for pub~ ~ ..... .~,~. ~,~,~,~ lication in said newspapers, r,, a~ve ordinance is pub((sh~  Commission Chambers ~t the City H~ll Sworn to and subscribed before me this ,~.. ~,,.~ ~,~, ,, day o D., 19 · ,,,, Ua p ....... p ...... deci~ (Seal, Notary Public, State of Florida at large) ~o, provide or prep ...... h r~d. My Commission expires RATON~DELRAY BEACH 'BOYNTON BEACH~DEERFIELD BEACH BOCA ~EWS Published Daily Monday through Sunday Boca Baton. Palm Beach County. Florida Delray Beach, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF PALM BEACH AN ORDINANCE OF THE C~T~ COff~ISSI~I~oF T#E C TY O~ ~LR~Y BEACH, FLORIDA~ ~N~ TO~E Before the undersigned authority personally appeared Nancy Smith. Inside Sales Man- .,c,..~ u~,Ts 0F S*,0 C.T~. ~0~tao,S ~.~0W~S, ~.~ W~CK ~OAD O~ T~E ~ORTH ager of The News. daily newspapers pub- ~,.,.~ T.~ ~0u.0~.,~S V~D)NG FOR THE R~GHTS lished in Boca Baton in Palm Beach County. Florida; that the attached copy of advertise- ment was published in said newspapers in ~.~ ~u.m~. ~,.,~,.~ the issues of: Affiant further says that The News is a newspaper published in Boca Baton. in said Palm Beach County, Florida, Monday ~ a~ve notice is ~ub~is~ as r~Uiree,by State through Sunday, and has been entered as ~w. T~ p~ ~d~ second class matter at the post office in ~ ,,.~.~ ..,.e ~c.'~,~ c~t~ c~ .t me c~ H~II, 1~ N.W. 1st Avenue, ~a~' ~ech, Fl~ide Boca Baton. Palm Beach County. Florida. ~r~ e:~ ~.~. t~ s:~ ~.~.. ~ mr0u~ ~r~d~V. except holMsys. Yhe for a period of one year next preceding the ,he C~m~0n C~.m~rs 't ~C~t~ ... ~ ,~em 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- ~'e~' " ~ ~''~ ~ r~. ~. pose of securing this advertisement for pub- lication in said newspapers. ~us.: ~,~,~.~ T~ ~ Sworn [o and subse~lbod Bofore me My Commission My mm. 4 , Bonded Thru Se Jce In: Co.