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Ord 31-02 IIIIIIIII~~IIIIIIIIIII 08/09/2002 14:40:32 20020417654 OR 8K 14018 PG 1602 Palm Beach County, Florida ORDINANCE NO. 31-02 AN ORDINANCE OF THE CIlY COMMISSION OF THE CIlY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CIlY OF DELRAY BEACH, A PARCEL OF LAND LOCATED SOUTH OF THE L-30 CANAL, BElWEEN BAPWICK ROAD AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, City of Delray Beach is the fee simple owner of a 54.5 acre parcel of land located South of the L-30 Canal, between Barwick Road and Military Trail; and WHEREAS, the City of Delray Beach has requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presenuy under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of County CHO/8 (Commercial High Office - 8 Units/Acre), and MR5 (Medium Residential- 5 units/acre); and WHEREAS, the subject property hereinafter described is presendy under the jurisdiction of Palm Beach County, Florida, having a zoning designation of County AR (Agricultural Residential), RTU (Residential Transitional Urban), and CG (General Commercial); and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of May 20, 2002 and voted 6 to 0 to recommend that the annexation be approved based upon positive findings. BOOK 14018 ~PA~ 1603 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: See Exhibit A attached hereto and made a part hereof. The subject property is located South of the L-30 Canal, between Barwick Road and Military Trail. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. 2 ORDNO. 31-02 BOOK 14018 I .JGE 1604 ( .:tl P ASSE~DOPTED in regular session on second and final reading on this the ~ day of ,2002. ~ tJ, <:;;:~ ATTEST MAYOR 1n~J City Clerk First Readin 3 ORD NO. 31-02 I ) BOOK 14018 PAGE 1605 EXHIBIT "A" LEGAL DESCRIPTION Parcel A: PCN: 00-42-46-12-00-000-3040 12-46-42, SLY 274.88 FT OF W 1/2 OF SW 1/4 OF SW 1/4 OF NW 1/4 (LESS W 60 FT MILITARY TRAIL RD R/W) together with, Parcel B: PCN: 00-42-46-12-00-000-3170 12-46-42, E 1/2 OF SW 1/4 OF SW 1/4 OF NW 1/4 together with, Parcel C: PCN: 00-42-46-12-00-000-3020 12-46-42 W 1/2 OF SE 1/4 OF SW 1/4 OF NW 1/4 together with, Parcel D: PCN: 00-42-46-12-00-000-3210 12-46-42 E 1/2 OF SE 1/4 OF SW 1/4 OF NW 1/4 together with, Parcel E: PCN: 00-42-46-12-00-000-3201 12-46-42, WLY 232.13 FT OF SW 1/4 OF SE 1/4 OF NW 1/4 (LESS S 40 FT CANAL R/W) together with, Parcel F: PCN: 00-42-46-12-00-000-3025 12-46-42, E 1/2 OF NE 1/4 OF SW 1/4 OF NW 1/4 together with, Parcel G: PCN: 00-42-46-12-00-000-3220 12-46-42, W 1/2 OF NW 1/4 OF SE 1/4 OF NW 1/4 together with, Parcel H: peN: 00-42-46-12-00-000-3021 12-46-42 E 1/2 OF NW 1/4 OF SE 1/4 OF NW 1/4 together with, Parcel I: PCN: 00-42-46-12-00-000-3023 12-46-42, W 1/2 OF SW 1/4 OF NE 1/4 OF NW 1/4 (LESS E 25 FI) together with, Parcel J: PCN: 00-42-46-12-00-000-3026 12-46-42 NW 1/4 OF NE 1/4 OF NW 1/4 (LESS N 140.25 FT L-30 CNL R/W) & E 25 FT OF W 1/2 OF SW 1/4 OF NE 1/4 OF NW 1/4 together with, Parcel K: PCN: 00-42-46-12-00-000-3180 12-46-42, NE 1/4 OF NE 1/4 OF NW 1/4 (LESS E 40 FT BARWICK RD R/W, N 140 FT L-30 CNL R/W & S 159 FT OF N 299 FT OF W 209 FT OF E 249 FI) 4 ORD NO. 31-02 - I-- L-30 ~i,' ill I ; I1II ....J 1--( CLASSICAL BOULEVARD -I~:IIIII !!I~~ ~ - r c:: ----- I1WO 7l&{fJfP&l.J@@'- t- r-- '" >- ~~. fPo&o@o. -~- --- T---' ' - .. r---- r I ...Ir-- '-el:=i/"n III. i I -~- :-- t!! =.r _ - MODERN DRIVE ~ = := ~ 1.. I I I i I ~d_ := \/ I ! III I I! .: I .v;:::: ,./ BOULEVARD )-- /111 : I Ij I, I: I \.> i I I r-' 1 >- '" ,. ,___J--- ~ '" '" x u ;;i~k "/.:Mf?s.:.':, .....,..,.,.,. CANAL BOOK 14018 PAGE 1606 ;;.;;.:A.::....:G.R.;;.'..: ..:::.<::'.::::"--:::-.::-- -', - - - '. ::.',:,-::::':::: ///.;;~.:..:...:..........::.:..:.:.:/;;/ .... ..,"'..... /;i~!/;/~ti\iXI;; .......icpMi .:;;;;..:...:.'.:...:..:........:/;; '-" " -' ,-,. .........,. "8"" '::''-:':." - c_::':, ", -. ,." "," -' ','. .' .iii!ii!~ii!.;/(W/ ".-, ,- -. ii~~~i ' / \ }f~) 0- [ .:~/;;/-\.. I : I I I I I ! :TntH~ SUNRISE BOULEVARD ! I I I I ! 11 I /",\111// Ii:= f15:~i~ ~ Aki ~ ttJj Ie- c:: MR9'I/ 71 I I \ "-., ~ ~ / .. CD 133 ROADiSOUTH ! ! --- i ! I I i SABAL LAKES "E= t::::: t:::: 1 I, ...-.. c:: I~ ji' sYM's i'.1'~11'.? h.;.~..i.; .@. ....... ... .'r"~ I ~~ii} ;}{~:5tii)~~!i}:%~~J:R~ I ~ :c !I1l.ll.lr.lI.n.,J.J1all.lIall.1Jallallallalrall. 11.,1. ".,1811.". '1. IJ. II_CITY L1Mlrs.lJaII ~ i}~~~ 'i)l~il/ .' ili/iflii! .' ;; ir~~)t/ --- L---31 CANAL r---- >- ::> rn? ~ ~ ~ ,n@\IiJ(r)) -~,~~~ ~ ~~f5l'~."~ ~~ E @ I) g,l" ci>' '\<''l<.~1',,~ .i 'b ~ N ~ )!..!L.;.' '.0 -~I !' < ! o -~ , CITY OWNED PARCELS ANNEXATION MAY 2002 AGR - EXISTING LAND USE -,,- CITY LIMITS .,,_". C!) - PARCEL 10 (5.0) - ACREAGE AGR .AGRICULTURE COM - COMMERCIAL SFR - SINGLE FAMILY VAC -VACANT OrY OF' DElftA'l' BEACH. F'L PLANNING &: ZONING DEPARTMENT -- DIGITAL 86E MAP S't'STrU __ AR - COUNTY ZONING DESIGNATION MR5 - COUNTY FUTURE LAND USE MAP DESIGNATION AR, RTU - RESIDENTIAL ZONING CG -COMMERCIAL ZONING MR5 - RESIDENTIAL LANO USE,S UNITS/ACRES CHO/8 - COMMERCIAL HIGH OFFICE LAND USE MAP REf: UlS92 Ii . '" ~ '> ::l >- ~ j ~ . . . . ~r ,i 1.33 ROAD . " BOOK 14018 PAGE 1&07 N MARCH 2002 -,,- CITY LIMITS .,,_". G) - SITE (5,0) - ACREAGE CITY OF OELRA Y BEACH, FL PLANNING &.: ZONING DEPARTMENT -- DIGITAL BAS,MAP SYSTEM __ ANNEXATION PARCELS SITE PC NUMBERS SITE PC NUMBERS CD 00-42-46-12-00-000-3040 @ 00-42-46-12-00-000-3023 00-42-46-12-00-000-3170 @ 00-42-46-12-00-000-3021 0 00-42-46-12-00-000-3020 @ 00-42-46-12-00-000-3026 0 00-42-46-12-00-000-3210 @ 00-42-46-12-00-000-3180 0 00-42-46-12-00-000-3201 0 00-42-46-12-00-000-3025 WINTERPLACE 00-42-46-12-20-001-0000 P.U,D. @ 00-42-46-12-00-000-3220 NAP REF: LM592 BOOK 14018 PAGE 1608 Dorothy H. Wilken, Clerk [IT' DF DELIA' BEA[H DElRA Y BEACH , L ". n A tzezII iiiil! 100 N.W. lsl AVENUE, DELRAY BEACH, FLORIDA 33444 561/243-7000 1993 CERTIFICATION I, BARBARA GARITO, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of OrdinAnce No. 32-02, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 6th of August, 2002. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 8th day of August, 2002. ~/aL.i Barbara Garito City Clerk City of Delray Beach, Florida (SEAL) * PrInted on R9Cycled Pap9r THE EFFORT ALWAYS MATTERS ORDINANCE NO. 31-02 AN ORDINANCE OF THE CITY COlvI2VIISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DF~JRAY BEACH, A PARCEL OF LAND LOCATED SOUTH OF THE L-30 CANAL, BETWEEN BARWICK ROAD AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERA~ .REPEAI.I~.R CIAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, City of Delmy Beach is the fee simple owner of a 54.5 acre parcel of land located South of the L-30 Cania, between Barvfick Road and Military Trail; and WHERI~AS, the City of Dehay Beach has requested by voluntary pedtion to have the subject property ~nnexed into the munidpal limits of the City of Delmy Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delmy Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the j,,,'i,~diction of palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of County CHO/8 (Commercial High Office - 8 Units/Acre), and MR5 (Medium Residential - 5 units/acre); ~nd WHERe&S, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a zoning designation of County AR (Agricultural Residential), RTU (Residential T~n-~itional Urban), and CG (General Commere'i~l); and WHERE~S, pursuant to LDR Section 2.2.2(6), the phnning and Zoning Board held a public heating and considered the subject matter at its meeting of May 20, 2002 and voted 6 to 0 to recommend that the ~nnexation be approved based upon positive findings. I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DF. LRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delmy Beach, p~lm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit See Exhibit A attached hereto and made a pan hereof. The subject property is located South of the I,-30 Canal, between Bsu-wick Road nd Military Trail. Secfon 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Se~on 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, iron, unities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Sec~on 4. That thi, annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. ~ That all ordinances or para of o~dinances in conflict herewith be, and the same are hereby repealecL ~ That should any section or provision of this orrlin~nce or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such deci__'sion shall not affect the validity of the remainder hereof as a whole or pan thereof other than the pan declared to be invalid. Section7. That this ordinance shall become effective immediately upon its passage on second and final reading. 2 ORD NO. 31-02 .~. PASSE~)~ A~DOPTED in regular session on second and final reading on this the day of ~ ,2002. ATTEST MAYOR City Cleri ~ / First Rea~_ _., Second Re~din~,~- 3 ORD NO. 31-02 EXHIBIT LEGAL DESCRIPTION Parcel A: PCN: 00-42-46-12-004)00-3040 12-46-42, SLY 274.88 FT OF W 1/2 OF SW 1/4 OF SW 1/4 OF NW 1/4 0*.I~.SS W 60 FT MILITARY TRAIL RD R/W) together with, Parcel B: PCN: 00-42-46-12-00-000-3170 12-46-42, E 1/2 OF SW 1/4 OF SW 1/4 OF N'W 1/4 together with, Parcel C: PCN: 004246-12-00-000-3020 1246-42 W 1/2 OF SE 1/4'OF SW 1/4 OF NW 1/4 together with, Parcel D: PCN: 0042-46-12-00_-000-3210 1246-42 E 1/2 OF SE 1/40~SW 1/4 OF NW 1/4 together with, Parcel E: PCN: 00-42-46-12-00-000-3201 1246-42, WLY 232.13 FI' OF SW 1/4 OF SE 1/4 OF N-W 1/4 (I.l~qS S 40 FT CANAL R/W) together with, Parcel F: PCN: 00-42-46-124)0-000-3025 1246-42, E 1/2 OF NE 1/4 OF SW 1/4 OF lqW 1/4 together with, Parcel G: PCN: 0042-46-12-00-000-3220 1246-42, W 1/2 OF NW 1/4 OF SE 1/4 OF NW 1/4 together with, Parcel H: PCN: 00-42-46-124)0-000-3021 1246-42 E 1/2 OF NW 1/4 OF SE 1/4 OF NW 1/4 together with, Parcel I: PCN: 004246-12-00-000-302.5 124642, W 1/2 OF SW 1/4 OF NE 1/4 OF N'W 1/4 (I.I~SS E 25 FT) together with, Parcel J: PCN: 00-42-46-12-00-000-3026 1246-42 ~ 1/4 OF NE 1/4 OF N'W 1/4 (I.~SS N 140.25 FT L-30 CNL R/W) & E 25 let OF W 1/2 OF SW 1/4 OF NE 1/4 OF N-W 1/4 togethe~ with, Parcel K: PCN: 00-4246-124)0-000-3180 12-46-42, NE 1/4 OF NE 1/4 OF NW 1/4 (l.l~.SS E 40 FT BARWICK RD R/W, N 140 FT L-30 CNL R/W & S 159 FT OF N 299 FT OF W 209 FT OF E 249 FT) 4 ORD NO. 31-02 ~ F L_30 CANAL ~:'-- _J f" ' CLASSICAL BOULEVARD __= · ,, I ' i III · ~ ~ / ~ SUNRISE BOULEVARD .i~::::' .:::'".:.~ I I :. '.:..: .: '..'. ':-~ '"" '. ' ' I I I -- VAC*.VAc SFR 'VAC VAC J~R5j J = SI ~~~I~~I~~~~~~~~I~~I~~I~~I~~I~~I~~I~~I~~I~~I~~~~~~~~I~~I~~~~~I~~~~~I~~I~~I~~Ic~TY LIMITSIIIIII~ L-31 CANAL N MAY 2002 .... Cr~ LIMITS ....... (~)- PARCEL ID (5.0) - ACREAGE CITY 0~' DFJ. RAY BEACH, FL PLANNING ~ ZONING Di~AR'rM£N¥ CITY OWNED PARCELS ANNEXATION AG R -- EXISTING LAND USE AR ~ COUNTY ZONING DESIGNATION MR5....-- COUNTY FUTURE LAND USE MAP DESIGNATION AGR - AGRICULTURE AR, RTU - RE$1DENTIALZONING COM - COMMERCIAL CG - COMMERCIAL ZONING SFR ' SI.GLE FAMILY MR5 - RESIDENTIAL LAND USE, 5 UNITS/ACRES VAC-v^c~ CHO/8 . COMMERCIAL HIGH OFFICE LAND USE -- O/~FF~ B,45'£ ~ SYSTEM -- MAP R£F. t..MS~2 N MARCH 2002 -- -- CITY LIMITS - - - (s.o) - ACREAGE CITY OF DEl,RAY BEACH. FL PLANNING &' ZONING [~PAR'IM£NT SITE ANNEXATION PARCELS PC NUMBERS 00-42-46-12-00-000-3040 00-42-46-12-00-000-3170 00-42-46-12-00-000-3020 00-42-46-12-00-000-3210 00-42-46-12-00-000-3201 00-42-46-12-00-000-3025 00-42-46-12-00-000-3220 SITE WINTERPLACE P.U.D. PC NUMBERS 00-42-46-12-00-000-3023 00-42-46-12-00-000-3021 00-42-46-12-00-000-3026 00-42-46-12-00-000-3180 00-42-46-12-20-001-0000 [IT¥ I)F DELIII:I¥ BEI:IgH Ail-America City 100N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444 561/243-7000 1993 August 8, 2002 NOTIFICATION OF ANNEXATION Please find a copy of Ordinance No. 31-02 annexing property to the City of Delray Beach, which was passed and adopted on second and final reading by the City Commission in regular session on August 6, 2002. Ordinance 31-02 will be recorded with the Palm Beach County Clerk of the Court. This information is being provided in accordance with Section 166.231 of the Florida Statutes, and Chapter 50 of the Code of Ordinance for the City of Delray Beach. If you have any questions, please do not hesitate to contact the City Clerk's office at (561)243-7050. Sincerely, Loretta McGhee Deputy City Clerk Attachments: Ordinance No. 31-02 Annexation Brief THE EFFORT ALWAYS MATTERS Prlnted on Rec?cled Paper DELRAY BEACH CITY CLERK 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 1993 CERTIFICATION I, BARBARA GARITO, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Ozd;n~oe No. 31'02, as the ss~ne was passed and adopted by the De]ray Beach City Cornm~si0n in regular session on the 6th of August, 2002. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of-Delray Beach, Florida, on thi~ the 8~h day of August, 2002. ' - Barbara Garito City Clerk City of Delray Beach, Florida THE EFFORT ALWAYS MATTERS ANNEXATION BRIEF FOR: CITY OWNED PARCELS Property Control Numbers: 00-42-46-12-00-000-3040 00-42-46-12-00-000-3170 00-42-46-12-00-000-3020 00-42-46-12-00-000-3210 00-42-46-12-00-000-3201 00-42-46-12-00-000-3025 00-42-46-12-00-000-3220 00-42-46-12-00-000-3021 00-42-46-12-00-000-3023 00-42-46-12-00-000-3026 00-42-46-12-00-000-3180 Property Address: 13478 MILITARY TRAIL MILITARY TRAIL 4844 133RD ROAD S 133RD ROAD S 133RD WAY S 133RD ROAD S 133RD ROAD S 4680 PALM RIDGE BLVD 4700 PALM RIDGE BLVD 13029 MORTON WAY 87 BARWICK RD Total Acreaqe: 54.5 acres. Total Taxable Value: $1,668,690 (2001 Tax Year) Total Buildinqs on site: 3 Projected Population Increase: Owner's Name: City of Delray Beach, Florida 100 NW 1st Avenue Delray Beach, FL 33444 County Land Designation*: County CHO/8 (Commercial High Office- 8 units/acre) MR5 (Medium Residential - 5 units/acre) County Zonincl*: AR (Agricultural Residential) CG (General Commercial) RTU (Residential Transitional Urban) Current Use of, Property: Vacant/Agriculture * County Zoning and Future Land Use Designations will remain effective until such time that Comprehensive Plan Amendment 02-1 is formerly adopted (scheduled for December 2002). This amendment will establish initial City Zoning and Futre Land Use Map Designations for these parcels. __ L _-39 CANAL = CLASSICAL BOU,.E. VARD r~ hr, ,"~ AR AR · ~ODDRN DRI~ ' ~!~ ~ARD BOULEVARD AR RANCH ~ ' SABAL LAKES AR AR ~ ~ mR5 v~c VAO SFR VAC AR RTU AR N CITY OWNED PARCELS ANNEXATION MAY 2002 .... Gl'D? LIMtTS ....... (~ - PARCEL ID AGR (5.o) - ACREAGE CO~/~ ~.ANNING & ZONING DS:ARTtCENT VAC ---- EXISTING LAND USE AR ---.,-- COUNTY ZONING DESIGNATION MR5-.,,---COUNTY FUTURE LAND USE MAP DESIGNATION - AGRICULTURE AR, RTU - RESIDENTIALZONING - COMMERCIAL CG - COMMERCIALZONING - SINGLE FAMILY MRS - RESIDENTIAL LAND USE, 5 UNITS/ACRES - VACANT OHO~8 - COMMERCIAL HIGH OFFICE LAND USE --- DI~_,ITAL BAS-_' 1~I.,4P S,VSTEM MAp REF LMSB2 DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of Adminislrafive Services l~vmon of Corporauons Envmon of Cultural Affmrs l~v~sion of Elections l~vmon of Historical Resources D~wsion of LibralT and Information Services D~v~sion of Licensing MEMBER OF TH~ FLORIDA CABinET FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF ELECTIONS August 19, 2002 HISTORIC PRESERVATION BOARDS Historic Florida Keys PreservaUon Board Historic Palm Beach Coumy Preservation Board thstonc Pensacola Preservation Board H~stonc St. Augustine PreservaUon Board H~stonc Tallahassee Preservauon Board ltistonc Tampa/Hillsborough County Preservation Board RINGLING MUSEUM OF ART RECEIVED AU0 2"1 2002 CITY CLERK Ms. Loretta McGhee Deputy City Clerk City of Delray Beach 100 N. W. 1st Avenue Delray Beach, Florida 33444 Dear Ms. McGhee: This will acknowledge receipt of your letters dated August 8, 2002 and copies of Ordinance Nos. 31-02 and 32-02, annexing property to the City of Delray Beach, which were filed in this office on August 16, 2002. Sincerely, Liz Cloud, Chief Bureau of Administrative Code LC/mp BUREAU OF ADMINISTRATIVE CODE The Collins Building · 107 West Gaines Street · Tallahassee, Florida 32399-0250 · (850) 245-6270 FAX: (850)245-6282 · WWWAddress: http://www.dos.state.fl.us · E-Mail: election@rnail, dos. state.fl, us REVISED 8/02 ORDINANCE DISTR~UTIQN LIST Lula Butler, Director of Community Improvement $oyce Desormeau, Occupational License Inspector Nancy Davila, City Horticulturist Sandy Roberts, Office Computer Specialist George Diaz, Deputy Building Official Richard Bauer, Code Enforcement Administrator Kendra Graham, Community Development Administrator Joseph Safford, Finance Director Becky O'Connor, Treasurer Regina Frazier, Budget Administrator Barbara Schooler, Utility Billing Manager Kerry Koen, Fire Chief Bill Adams, Assistant Fire Chief $oe Weldon, Director of Parks and Recreation Larry Schroeder, Police Chief Paul Dorling, Director of Planning Su~an Ruby, City Attorney Richard Hasko, Director of Environmental Services Randall Krejcarek, City Engineer Barton Caronite, Assistant City Engineer Dan Beatty, Deputy Director of Public Utilities Tina Lunsford, Support Service Administrator Attached for your file are executed copies of annexation Ordinance No. annexation Ordinance No. 32-02. 31-02 and Deputy City Clerk S'JCi~y Clerk/Ordinmcz 2002/Ordimnce Di~n'bution List MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~j~L~ AGENDA ITEM I 0 .~) - REGULAR MEETING OF AUGUST 6. 2OO2 ORDINANCE NO. 31-02 (ANNEXATION OF ELEVEN PARCELS LAND) AUGUST 2, 2002 OF This is second reading and public heating for Ordinance No. 31-02 which annexes into the City eleven (11) parcels of land located north of Lake Ida Road between Barwick Road and Military Trail. The associated Future Land Use Map (FLUM) amendment establishing the initial City zoning of PRD (Planned Residential Development) and PC (Planned Commercial), and City Future Land Use Designations of LD (Low Density, 0-5 units/acre) and GC (General Commercial) is incorporated in Comprehensive Plan Amendment 2002-01. The subject properties are currently located in unincorporated Palm Beach County and have a County Zoning Designation of AR (Agricultural Residential), RTU (Residential Transitional Urban), and CG (General Commercial); and County Future Land Use Map Designation of County CHO/8 (Commercial High Office - 8 units/acre), and MR-5 (Medium Density - 5 units/acre). The properties are located within the City's Planning Area (Future Annexation Area) and are being processed as a voluntary annexation at this time. The 54.5 acres has a variety of existing land uses including single family, vacant, and agricultural/commerciaL On May 20, 2002, the Planning and Zoning Board held a public heating in conjunction with the request. Three members of the public spoke regarding additional information and clarification with respect to densities and location of uses. After discussion, the Board voted 6-0 to recommend that the request be approved, based upon positive findings with respect to Section 2.4.5(C)(4) of the Land Development Regulations, policies of the Comprehensive Plan, and compliance with Florida Statute Chapter 171.044 as follows: 1. The property is contiguous, reasonably compact and does not create an enclave. 2. Services will be provided to the properties in a timely and efficient manner. At the first reading on July 16, 2002, the City Commission passed the Ordinance No. 31-02 unanimously. Recommend approval of Ordinance No. 31 ~02 on second and final reading. S:\Caty Clerk\chevelle folde~\agenda memos\Ord 31-0Z08.06.02 TO: THRU: FROM: SUBJECT: DAVID 'r~A,~~¥. MANAGER .^u. DAN MARFINO, PRINCIPAL PLANNE~.~L---''~-' MEETING OF JULY 16, 2002 *FIRST READING* \ ANNEXATION (PURSUANT TO FLORIDA STATUTE 171.044), OF ELEVEN (11) PARCELS OF LAND CONTAINING APPROXIMATELY 54.5 ACRES LOCATED NORTH OF LAKE IDA ROAD BETWEEN BARWICK ROAD AND MILITARY TRAIL. The subject properties are currently located in unincorporated Palm Beach County within the City's Planning Area (Future Annexation Area, Area E). The property consists of eleven (11) parcels of land which are currently owned by the City of Delray Beach, and are being processed as voluntary annexations at this time. There is a variety of existing land uses on the subject parcels, including: single family, vacant, and agricultural/commercial uses. The proposal is to annex the property into the City, and maintain their current County Zoning of AR (Agricultural Residential) and County Future Land Use Designation of MR5 (Medium Residential, 5 units/acre). A Future Land Use Map amendment is being processed separately with Comprehensive Plan Amendment 2002-1 (02-1), in order to establish the initial City zoning of PRD (Planned Residential Development) and PC (Planned Commercial), and City Future Land Use Designations of LD (Low Density, 0-5 units/acre) and GC (General Commercial). Positive findings with can be made with respect to LDR Section 2.4.5(C)(4) in that the annexation is consistent with Future Land Use Element Objective B-3, and that it complies with Florida Statute Chapter 171.044, as the property is contiguous, reasonably compact, does not create an enclave, and that services will be provided to the subject properties in a timely and efficient manner. I " PLANNING AND ZONING BOA~i~iD~CONSIDER~TiON I At its meeting of May 20, 2002, the Planning and Zoning Board considered the request at a public hearing. Three members of the public spoke during the public comment portion of the annexation request. All three people requested additional information and clarification with respect to densities and location of uses, none were specifically opposed to the request. After reviewing the staff report and discussion, the Board voted 6 to 0 (Randolph absent), to recommend approval. By motion, approve on first reading the ordinance for Annexation of the eleven (11) properties, based upon the findings and recommendation by the Planning and Zoning Board, and set a public hearing date of August 6, 2002. Attachment: · P & Z Staff Report of May 20,2002. · Annexation Ordinance S:~ P&Z~boards~cttycomrnisslon~BarwickAreaANX-CCDocc. doc ORDINANCE NO. 31-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCFJ. OF LAND LOCATED SOUTH OF THE L-30 CANAL, BETWEEN BARWICK ROAD AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, City of Delray Beach is the fee simple owner of a 54.5 acre parcel of land located South of the L-30 Canal, between Barwick Road anti Military Trail; and WHEREAS, the City of Delray Beach has requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delmy Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Furore Land Use Map (FLUM) designation of County CHO/8 (Commercial High Office - 8 Units/Acre), and MRS (Medium Residential - 5 units/acre); and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a zoning designation of County AR (Agricultural Residential), RTU (Residential Transitional Urban), and CG (General Commercial); and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of May 20, 2002 and voted 6 to 0 to recommend that the annexation be approved based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: See Exhibit A attached hereto and made a part hereof. The subject property is located South of the L-30 Canal, between Barwick Road and Military Trail. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall mediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise spedfically initiated by the City pursuant to current requirements and conditions. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. 2 ORD NO. 31-02 PASSED AND ADOPTED in regular session on second and final reading on this the day of ~ 2002. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD NO. 31-02 EXHIBIT "A" LEGAL DESCRIPTION Parcel A: PCN: 00-42-46-12-00-000-3040 12-46-42, SLY 274.88 FT OF W 1/2 OF SW 1/4 OF SW 1/4 OF NW 1/4 (LESS W 60 FT MILITARY TRAIL RD R/W) together with, Parcel B: PCN: 0042-46-12-00-000-3170 12-46-42, E 1/2 OF SW 1/4 OF SW 1/4 OF NW 1/4 together with, Parcel C: PCN: 00-42-46-12-00-000-3020 12-46-42 W 1/2 OF SE 1/4 OF SW 1/4 OF NW 1/4 together with, Parcel D: PCN: 00-42-46-12-00-000-3210 12-46-42 E 1/2 OF SE 1/4 OF SW 1/4 OF NW 1/4 together with, Parcel E: PCN: 00-42-46-12-00-000-3201 12-46-42, WLY 232.13 ET OF SW 1/4 OF SE 1/4 OF NW 1/4 (LESS S 40 FT CANAL R/W) together with, Parcel F: PCN: 00-42-46-12-00-000-3025 12-46-42, E 1/2 OF NE 1/4 OF SW 1/4 OF NW 1/4 together with, Parcel G: PCN: 00-42-46-12-00-000-3220 12-46-42, W 1/2 OF NW 1/4 OF SE 1/4 OF NW 1/4 together with, Parcel H: PCN: 00-42-46-12-00-000-3021 12-46-42 E 1/2 OF NW 1/4 OF SE 1/4 OF NW 1/4 together with, Parcel I: PCN: 00-42-46-12-00-000-3023 12-46-42, W 1/2 OF SW 1/4 OF NE 1/4 OF NW 1/4 (LESS E 25 b-~ together with, Parcel J: PCN: 00-42-46-12-00-000-3026 12-46-42 NW 1/4 OF NE 1/4 OF NW 1/4 (LESS N 140.25 ET L-30 CNL R/W) & E 25 ET OF W 1/2 OF SW 1/4 OF NE 1/4 OF NW 1/4 together with, Parcel K: PCN: 00-42-46-12-00-000-3180 12-46-42, NE 1/4 OF NE 1/4 OF NW 1/4 (LESS E 40 ET BARWICK RD R/W, N 140 FT L-30 CNL R/W & S 159 ET OF N 299 ET OF W 209 ET OF E 249 EX) 4 ORD NO. 31-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: May 20, 2002 IV. G. City Initiated Annexation for Several. Parcels Located South of the L-30 Canal, Between Barwick Road and Military Trail. GENERAL DATA: Owner/Applicant ............... Location .......................... Property Size .................. Existing FLUM ................ Proposed FLUM ............. Current Zoning ................ Proposed Zoning ............. Adjacent Zoning ..... North: East: South: West: Existing Land Use ............ City of Delray Beach Located South of the L-30 Canal, Between Barwick Road and Military Trail. 54.5 Acres County CHOI8 (Commercial High Office - 8 Units/Acre) -& MR5 (Medium Residential- 5 Units/Acre) Same County AR (Agricultural Residential) & CG (General Commercial) Same County AR (Agricultural Residential) & RS (Single Family Residential) County AR (Agricultural Residential) & City of Delray Beach R-l-AA (Single Family Residential) City of Delray Beach RM (Multiple Family Residential) County AR (Agricultural) & GC (General Commercial) & PUD (Planned Unit Development) Residential, Vacant, & Agricultural/Commercial LAKE. IDA ROAD The item before the Board is that of making a recommendation on a City initiated Annexation (pursuant to Florida Statute 171.044), for eleven (11) parcels of land containing-approximately 54.5 acres located north of Lake Ida Road between Barwick Road and Military Trail. LDR Section 2.4.5 (C) provides rules and procedures for the processing of this petition The subject parcels are currently in unincorporated Palm Beach County. The parcels are located in City's Planning Area, known as Annexation Area "E" (the North Military Trail Area), as noted in the Future Land Use Element Policy B-3.5 of the Comprehensive Plan. All parcels were recently purchased by the City of Delray Beach, and are being processed as voluntary annexations. For identification purposes, each of the eleven parcels have been given an -arbitrary number_~ These numbers correspond to numbers assigned to each parcel at the onset of acquisition by the City and are attached as reference map A. The numbering system is being maintained throughout the report to provide continuity and ease of identification. The existing land uses for each of eleven properties are as follows: Parcel lA has a vacant boarded up single family structure; Parcels 1, 3, 4 and 8 are vacant; Parcels 2 and 11 contain single family homes; Parcels 9, 10, 17, and 18 have agriculture\commercial uses (nurseries). The proposal before the board is to immediately annex all 11 parcels into the City. The adoption of City Future Land Use Map and Zoning designations will follow with the processing of Comprehensive Plan Amendment 02-1, currently in process (tentative adoption September 3, 2002). Pursuant to Florida Statute 171.062 as the area being annexed is subject to a county land use plan and county zoning these regulations will remain in force and effect until the municipality adopts a comprehensive plan amendment which includes the annexed area. As indicated above the City Land Use Map and Zoning designations are being processed separately. Planning and Zoning Board Staff Report City Owned Parcels Annexation Page 2 Comprehensive Plan Amendment 02-01 proposes a Residential Low Density (LD) 0-5 units per acre Future Land Use Map designation and Planned Residential Development (PRD) zoning for parcels 2, 3, 4, 8, 9, 10, 11, 17, and 18; and a General Commercial (GC) Future Land Use Map designation and Planned Commercial (PC) zoning for parcels lA and 1. Currently all parcels with exception of Parcel #lA have a County Future Land Map Designation of MR-5 (Medium Residential - 5 units/acre). Parcel #lA has a County designation of CHO-8 (Commercial High Office - 8 units/acre). County Zoning designations for parcels include a combination of Agriculture (parcels 1, 3, 4, 8, 9, 10, 11, 17 and 18), Residential (parcel 2) and General Commercial (parcel lA). I Florida Statutes Governinq Voluntary Annexations: Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and -reasonably comp_a_ct 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". Pursuant to F.S. 171.031(13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or, (2) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. The property is contiguous with the City, is reasonably compact and the annexation does not create an enclave. All properties with the exception of Parcels 1 and lA currently take access from Barwick Road as opposed to Military Trail. Therefore, the annexation parcels as well as other parcels accessible from Barwick Road not subject to annexation, make up an existing enclave which is being reduced by this action. Parcels 1 and lA take access from Military Trail and are considered part of the greater unincorporated area to the west. The annexation of these parcels reduces the unincorporated areas extension east of Military Trail. Planning and Zoning Board Staff Report City Owned Parcels Annexation Page 3 Land Development Requlations Governinq Annexations: Pursuant to the Land Development Regulations Section 2.4.5 (C) (1) "the owner of land may seek the annexation of contiguous property, under his/her ownership" pursuant to Florida Statutes. The property owner (the City) has voluntarily petitioned for this annexation. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is located within designated Annexation Area "E" on the east side of Military Trail north of Lake Ida Road. Annexation of the territory is consistent with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. CONCURRENCY: Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The -following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 4. Zone 4 is bordered by El Clair Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the north, and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower. Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 5.5 minutes of the County Fire Department (Indian Springs/Military Trail and Woolbright Road) to approximately 3 minutes for the City's Fire Department (Fire Station No. 4 at Barwick and Lake Ida Roads). Planning and Zoning Board Staff Repod City Owned Parcels Annexation Page 4 Water: There are existing distribution lines associated with several developments in the area i.e. "The Colony" (northeast corner of Military Trail and the L-30 canal) "Barwick Ranch", and "Sabal Lakes". As the area is proposed for development water main extensions will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build-out. Sewer: Sewage mains and a new lift station sized for future development have been constructed as part of the infrastructure improvements of "the Colony" subdivision. With development of the properties additional sewer main extensions will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The properties have access from either Military Trail or Barwick Road. Additionally, two local roads provide access from Barwick Road into the properties, 133 Road South and Palm Ridge Boulevard. Depending on the development pattern additional local roads internal to future residential development are anticipated with redevelopment of the property. Military Trail and Barwick Road are under the jurisdiction of Palm Beach County and the ~jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. The development of the property under the current County MR-5 (Medium Residential 0-5 units per acre) and CH-O (Commercial High Office) and the proposed City designations LD (Low Density 0-5 units per acre) and GC (General Commercial) would be similar with the exception of an increase with the change of designation for parcel 1. With future development site plan approval will be required along with a full analysis of the traffic impact. However, there is adequate capacity on Military Trail to accommodate additional trips under either scenario. Parks and Open Space: The annexation of the-property to accommodate future residential and commercial development will have some impact on park and recreational facilities. However, part of the future development of the area includes a public park site. The provision of new neighborhood parks has been identified as a future need in the City's recently completed Parks and Recreation Master Plan. Further, a park impact fee is required with residential development, which will fund additional recreational facilities. Solid Waste: The future development of this area will continue to have similar solid waste impacts. The solid waste authority has indicated they have sufficient capacity to service this area. The service provider will not change, as described later in this report. Planning and Zoning Board Staff Report City Owned Parcels Annexation Page 5 Financial Impacts: Effect Upon Annexed Property: For the 2001 tax year the subject property had an assessed value of $1,718,690 (taxable value of $1,668,690.). 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 Library City of Delray Beach City of Delray Beach Debt 3.05 Deleted (County) .5403 Deleted (County) 7.37 Added (City) .63 Added (City) 4.4097 Difference* · Total tax millage in the County is 19.9292 mills while in the City the total millage rate is 24.3389 mills. The current yearly ad valorem taxes are $ 33,255. With annexation the yearly ad Yalorem taxes wilLbe $ 40,614; a tax difference of $7,359. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non- residential units the assessment fee is calculated using the following formula (# sq.ft, of impervious area/2,502) X $54. A 25% discount from the assessment is available if drainage is retained on site. Also a 25% discount from the assessment is available because the subject property is located within the Lake Worth Drainage District. Upon annexation no fee would be applicable for the vacant parcels and there would be nominal fees to the developed parcels which contain single family structures and small nursery buildings of similar size (5 buildings at $27 each for a total of $135.00). It is noted this fee will increase significantly with development of the property. Solid Waste Authority - This annexation area is serviced by BFI, and the City's contract is currently through BFI (Browning-Ferris Industries). Therefore, the waste service provider will remain with BFI upon annexation. Occupational License Fees - The future commercial development on parcel 1 and lA will be subject to new business occupational license fees. Planning and Zoning Board Staff Report City Owned Parcels Annexation Page 6 Resulting Impacts to Property Owner: FINANCIAL CONSIDERATIONS: AD VALOREM TAXES (Change from 01/02 County of 19.6117 to City 01/02 rate 24.1242 mills.(4.5125) +$ 7,359 NON AD VALOREM Stormwater Assessment $135.00 ANNUAL FINANCIAL IMPACT: +$ 7,494 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 5.5 minutes (County) to 3.0 minutes (City) EMS + Faster response time from (estimated time) 5.5 minutes (County) to 3.0 minutes (City) POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pro-active vs. reactive opportunity to work with property owners Fiscal Impacts to the City: At the 2001/2002 City operating millage rate of 7.37 mills and debt rate of 0.63 mills, the property will generate approximately $13,349 in new City ad valorem taxes per year. With future development, additional revenues will be realized through increased assessment value, building permit fees, the annual collection of the stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone, 8.7% gas) and franchise fees on electric, telephone, gas, and cable. Planning and Zoning Board Staff Report City Owned Parcels Annexation Page 7 REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(C) (4), the City Commission must make findings that the annexation is consistent with Objective B-3 of the Future Land Use Element, and complies with F.S. 171. As stated above, the subject property is located within a designated annexation area, Area E. Its annexation is consistent with the Objective B-3 of the Future Land Use Element. Also, the annexation complies with Florida States Statutes Section 171 as it pertains to annexations. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On April 10, 2002 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. JPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Intedocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: Progressive Residents of Delray I~1 Country Manor President's Council Q Chatelaine Sabal Lakes Q United Property Owners RainberryWoods [3 Barwick Estates Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Report Annexation of City owned Barwick parcels Page 8 Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its Planning and Service Area. The associated application of City Future Land Use Map and initial Zoning designations are being processed separately as part of Comprehensive Plan 02-01. Pursuant to Florida Statute 171.062 as the area being annexed is subject to a county land use plan and county zoning these regulations remain in force and effect until the municipality adopts a comprehensive plan amendment. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in ad valorem taxes. The City will receive additional revenue from property taxes, in addition to storm water assessment fees, utility taxes, franchise fees, and licensing fees upon development. If the annexation is approved, it is anticipated that development proposals will be solicited through the Request for Proposal process. Compatibility of specific development proposals with the adjacent developments will be addressed with the review of the related site and development plan processes. Concurrency review including traffic concLi~rency will be conducted at that time. A. Continue with direction. Bo Recommend approval of the Annexation based upon positive findings with respect to LDR Section 2.4.5(C)(4) that the annexation is consistent with Future Land Use Element Objective B-3 and complies with Florida Statute Chapter 171 as to the following: That the property is contiguous, reasonably compact and does not create an enclave; and, That services will be provided to the property in a manner similar to other similar properties within the City. C. Recommend denial of the Annexation, with the basis stated. Recommend approval of the Annexation based upon positive findings with respect to LDR Section 2.4.5(C)(4) that the annexation is consistent with Future Land Use Element Objective B-3 and complies with Florida Statute Chapter 171 as to the following: Planning and Zoning Board Staff Report Annexation of City owned Barwick parcels Page 9 · That the property is contiguous, reasonably compact and does not create an enclave; and, That services will be provided to the property in a manner similar to other similar properties within the City. Attachments: I~1 Location Map I~ Aerial map of properties I~1 Overall map This Report prepared by: Paul Doffing, Planning and Zoning Director L-30 CANAL = CLASSICAL-BOULEVARD ' · AR AR . ~RS' =. PALM RIDGE BLVD. VAC AGR SFR SABAL LAKES '®.® ,AR ~ 'aR.,,. ' MR5 MR5 133 13,3 ROAD SOUTH v,~c SFR VAC , 4~R,,. RTU A~ IIIIIIII IIIIIIIIIIIIIIIIIIIIIIillmlllllll IIIIII IIIIIIIIIIIIIIIIIIIIII IIIIIIIIIm II.CITY LIMITSI~ IIIII1~ L-31 CANAL N MAY 2002 .... CITY LIMITS ....... (~) - ID PARCEL (5.o) . ACREAGE PLANNING z. ZONING DEPARTMENT CITY OWNED PARCELS ANNEXATION AG R -'- EXISTING LAND USE AR -.---- COUNTY ZONING DESIGNATION MR5-.,,--COUNTY FUTURE LAND USE MAP DESIGNATION AGR COM SFR VAC - AGRICULTURE AR, RTU - RESIDENTIAL ZONING - COMMERCIAL CG - COMMERCIAL ZONING - SINGLE FAMILY MF~5 - RESIDENTIAL LAND USE, 5 UNITS/ACRES - VACANT CHO/8 - COMMERCIAL HIGH OFFICE LAND USE -- OI~ITI~ ~E M~° SY~TEM -- MAP REF. LM592 N MARCH 2002 --. ,-- CITY LIMITS = - (~)- SITE (5.0) - ACREAGE 033' 0¢' DEl..RAY BEACH, FL PLANNING & ZONING DEPARTMENT SITE ANNEXATION PARCELS PC NUMBERS 00-42-46-12-00-000-3040 00-42-46-12-00-000-3170 00-42-46-12-00-000-3020 00-42-46-12-00-000-3210 00-42-46-12-00-000-3201 00-42-46-12-00-000-3025 00-42-46-12-00-000-3220 SITE WINTERPLACE P.U.D. PC NUMBERS 00-42-46-12-00-000-3023 00-42-46-12-00-000-3021 00-42-46-12-00-000-3026 00-42-46-12-00-000-3180 00-42-46-12-20-001-0000 MAP SYET~'M --- MAP RI[F: LMsg2 + CITY OF DELRAY BEACH, FLORIDA NOTICE OF ANNEXATION AND ZONING ORDINANCE NO. 31-02 Thc City Commission of the City of Defray Beach, Florida will hold a PUBLIC HEARING ON THE FOLLOWING PROPOSED ORDINANCE ON TUESDAY, AUGUST 6. 2002, AT 7:00 P.M. (or at any continuation of such meeting which is set by the _Commission),.in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, D~lray Beach, Florida at which time the City Commission will coasider ils adoption. The ordinance ~11 be re, ad by title oaly and all int~ested parties will be given the opportunity to bc heard, ' ' ORDINANCE NO. 31-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED SOUTH OF THE L-30 CANAL, BETWEEN BARWICK ROAD AND M1LrFARY TRA/L, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. - A MAP (no~ to scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY. TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY LO'~ AND SUBDMSION AND/OR ~ AND BOUNDS AND A COPY OF THE ORDINANCE HEREIN ABOVE NAMED CAN BE OBTMNED-FROM THE OFFICE OF THE CITY~ CLERK, CITY HALL, 100 N.W. IST AVENUE, DELRAY BEACH, FLORIDA: 'l~is no6ce is publisbed as require~ S~ate law a~ F.S. 171.044 and Section 2.03(b) of the City Charter of the City of Delray Beach. ~ p~sed ordiaan~ may be inspected at lie Office of the City Clerk at City Hall, 100 N.W. lit Avenue, Delray Beach, Florida, between ~ hoars of 8:00 a.m. and S.~0 p.m., Monday lhrongh Friday, e. xcludin~ holidays. DECSSION MADE BY THE CITY COMIVl]SSION WTrH RESPEcr TO ANY lVIA'ITER CONSIDERED AT THIS HEARING, SUCH PERSON ~,qLL ~ A ENSURE THAT A VERBA'I]IH RECORD INCLUDES ~ TESTIMONY AND EV]I)ENC~ UPON ~SqlCH THE APPEAL IS TO BE BAS~I). THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S. 286.0{05. ORDINANCE NO. 31-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DI~,RAY BEACH, I~..ORIDA, ANNEXING TO THE ~ ~ ~Y B~ A P~ ~ ~ ~ SOUTH OF THE L-30 CANAL. BETWEEN BARWICK ROAD AND MILITARY TRAIL. AS MORE PARTICULARLY DF. SCRIBED HI,rEIN. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL L,IMITS; REDE~INING THE BOUNDARIES OF ~ CITY TO INCLUDE SAID LAND; I~OVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND, PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN ~:,~.]=C'I'IVE DAT~ ~ (Commm~l I.li~h Office - 8 Uni~/A~); a~l and CG (General ~); and ~o which land~ in t~e C~y of Dehy Beach ~m now or may be subjected, inchding ~ S~ ~ ~t ~ ~ ~ Ci~ ~t m ]~ ~ ~ u q~ by lqo~dn Stamte~ Chal~ 197, and persons nmding themoD shall be deemed cmzens of ~he City of Delmy ~ R~ ' ~nce, or wo~l be declared by a court of competem juri~hction ~o I~ mvahd, such decm~ shall ~ ~ ~ v~ of ~ remainder I~'eof as a whole or p~m ~e~,eof o~be~ than the l~t~ declared to be invalid. A MAP (nm to scale) DEPICTING THE GENERAL LOCATION OF THE PRO~.K[Y TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND SUBDIVISON AND/OR METES AND BOUNDS AND A COPY OFTHE ORDINANCE HEREIN ABOVE NAMED CAN BE OBTAINED FROM THE OI:~'ICE OF THE CITY CLERK, CITY HALL, 100NW I~AVENUE, DELRAY BEACH, FLOR1DA. This no~e is published as n~nred by State law at ES. 171.044 and Secmm 2 03Co) of the City Clm~n' ~ ~ Ci~ ~ ~y Beach. The proposed ordinance nmy be m~ at the O~ce of Ihe City Clerk at City Hail, 100 N W. 1st Avenue, Delray Bench, F~nda, between ~hg bores of 8:00 a.n~ and $-00 p.m., Mondny ~l~'ough.Ft~lny, exclude_ holidays. f* r I 'l T ]1 Illl II [ I'll I I CITY OF DEERAY BEACH, FLORIDA NOTICE OF ANNEXATION AND ZONING ORDINANCE NO. 31-02 Cst), Commission of the Oty of Delray Beth, ~ will hold a PUBLIC HEARING ON THE IW~LLOWING PROFOSED ORDINANCE ON TUESDAY, AUGUST 6, 2002, AT 7.'00 PM. (oral ~,~ycoe~nuationo~mc~ n~efing wlfic~is set bytke Commission), in the Cmmni,~um Chambe~ at C, ty ~ 100NW. 1st Avem~, Delray ~ at wh.,ch thne t~e City C. omnus~on will ouns~kn' its sd~. The ordinance will be te~d by title only and all intexeated parfie~ will be given ~ ~ ~ ~ ~ ORDINANCE NO. 31-02 AN ORDINANCE OF THE crrY COMMISSION OF T~IE CITY OF DELRAY B~,ACH, FLORIDA, ANNEXING TO THE ~ ~ ~Y B~, A ~ OF ~ ~ SOUTH OF THE L-30 CANAL, BE'rWEE~ BARWICK ROAD AND MILITARy TRAIL, AS MORE PARTICULARLY DESCRIBED ltEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING I~C{PAL LI~; REDEF{N~ THE BOUNDARIES OF ~HE CITY TO INCLUDE SAID LAND, PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;, PROVIDING A C, ENERAL REPEALER CLAUSE, PROVXDING A SAVING CLAUSE. AND AN I~x~i."TIVE DATE. WHEREAS, City of DeL-ay Beach is the fee ~imple ownex of a 54.5 ac~ I~n:e{ of land ~__L-'d Sou~ ~ ~ ~ ~ ~ ~ R~ ~ ~h~ T~I; ~ WHEREAS, the ~ubject prop~'he~reinafter described is lwe~ently under the jt~sdiction of Palm Be~ch County, Flmmda, having a zomng de~gnauo~ of County AR (Agricultural Res~denual). and RTU (Re~,detmal Trans, tioml Ual)an), and CG (Genera{ Commerce); and WHEREAS, ~t to LDR Section 2.2.2(6), ~he Planning an~d Zoning Bom'd held a pubhc hearing and considered the subj~ ~ ~ i~ ~ ~ ~y ~ ~ ~ ~ 6 ~ 0 ~ ~ NOW, ~RE, BE IT ORDAINED BY THE CXTY (3OMMISSiON OF THE CITY OF DELRAY BF..ACH, FLORIDA, AS FOLLOWS: Section I. That Ihe City Commtms~on of Ihe Csty of Delray Bench, Palm Beac~ County, Florida, hereby annexe~ to s~d City the following described land located m Palm Beach County, Flomla, which hem contiguous to sa~d City to-w~c See Exhil~ A attadmd hexe{o and made a pa~ hereof. .~'timl ~. T'nat the boundaries of the Csty of Delray Beach, Florida, axe herd)y redefined to include thexein Ihe ~ve~ ~ of ~ ~ ~d ~ ts ~y ~1~ ~ ~ Secuoq4, That ~ annexation of the subject 1~, mcludlng adjacent ~ alleys, or the like, if any, shall mX ~ doemed acceptance by the City of any maintenance respons,l~ltty for such marls, nlleys, or the hke, unless o~et-wise specificMly tmUatod by the City pmxuant to current n~lui~,ments and condstions. ~ 'f~at shoukl any section o~ prov~slo~ of this o~dmance ot any porn? thereof, any paragraph, sen- I~m~., ~ .v~'d be declaxexl by a coax of cxxnlxca~t jufi*..dtct~n to be invalid, sm~h decision s{mll not affect ~ v~i~ ~ ~ A MAP (nm Io scale) DEPICTING THE GENERAL LOCATION OF THE PROF~K~'T TO BE ANNEXED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND SUBDMSON AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE HEREIN ABOVE NAMED CAN BE OBTAINED FROM THE OFF[CE OFTH~ CITY Ct. ER~ crl~ HALL, 100 N W. I~ AVENUE, D~Y BF..ACH, FLORIDA, Complete ~tems 1, 2, and 3. Also complete ~tem 4 ~f Restricted Dehvery ~s desired. Pnnt your name and address on the reverse so that we can return the card to you. · Attach th~s card to the back of the madpiece, or on the front ~f space permits. 1. A~cle Addmss~ to Liz Cloud, Chief Florida Dept. of State Bureau of Administrative The Collins Building 107 West Gaines Street Tallahassee, Florida 32399-0250 PS Form 3811, July 1999 Domest,c Return Receipt C Signature DEPARTMENT Q~A~ X [] Addressee ] D~ Is dehverv address d~erent from ~tem 17 [] Yes 0~peTe. r d~Fa~~ E [] N° AUG 1G 2002 Certified Mad Express Mad I~ Registered [] Return Rece, pt for [] [nsur Ma,[ [] C O D. 102595~99-M-1789 "'----'----' I also wish to receive the follow- SENDER: mg services (for an extra tee): '~ [3 Complete dems 1 end/or 2 ~or add~honal services ~ Complete items 3, 4a, and 4b ~ ~3 P~nt your name and address on the reverse of this fo~rn so that we ¢.ar~ return this I I-'l Addressee's Address card to you '~' t [] Attach thru form to the fror~t of the mmlp~ece, or on the back fi.space does Qo 2 [] Restricted Delivery [3Wflte 'Heturn ~eG~F[.n. uu,,v=, =.._ ..... - lC U er ~ 3 Article Addressedto- TO~e~t ~Pn~r e ' Supe rv :k s ° r ?~nb' !!n~r¢;ie:reT~pe- ~Certitied ' P. O · BOX 2 2 3 0 9 [] Express Mall [~ insured West Palm Beach, Florida 33416 t Name) ~ ~ S~gnature (Addressee or AgenO 0 -- PS Form 3811, December 1994 ~d ess Only # requested and ~ "'~'" fee ~s pa~d) ~- ........... 102595-99-B-0223 Domestic Return Receipt Complete items 1, 2, and 3 Also complete item 4 if Restncted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the madpiece, or on the front if space permits. AAmle ~dressed ~: Mr. John Powell Property Appraiser's OffJ 501 South Congress Avenue Delray Beach, Florida 33444 ~e Received by D.~[very [] Agent address d~erent from ~tem 1~ [] Yes enter dehvery address below [] No 3 Servtce Type '~ Certified Mad [] Mad Express [] Registered [] Return Receipt for Merchandise [] Insured Mall [] C.O D 4, Restncted Dehvery? (Extra Fee) [] Yes PS Form :~81 1, July 1999 Domesbc Return Rece,pt 102595-99-M-1789 (. m %m~ Apt N; | ....... ~'~'t~" ' ~;~ .............................................. Return Rec~pt Fee (Endorsem~ Requ.~l) r"l Rests'ted Dehvery Fee (Endomement Required) Total Pg:m~age & ~ 08/08/02 'I't~ 15:08 FAX 561 243 3774 CITY CLERK ~001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT $,$ TX REPORT 3585 92437816 DEl.,RAY BEACH POL 08/08 14:57 11'35 15 OK FAX TO: I~ROM: CITY CLERK'8 OFFICE CITY OF DELRAY BEACH '100 N.W. 'l.t Ave D®lrey Be.ch FI. 33444 Tel (681)243-7050 - Fax (881)243-3774 DIRECT PHONE LINE (561) 243-7050 DELRAY BEACH 1993 2001 OUR FAX 243-3774 TOTAL NUMBER OF PAGES (including ¢ov,~' sh~t) [] Urgent '~)~For Review .ti Please Comment 0 Please Reply Please Recycle COMMENTS: FAX TO: VROM: CITY CLERK'8 OFFICE CITY OF DELRAY BEACH t00 N.W.l.t Ave Delray Be,ch FL 33444 Tel (88t)243-7060- Fax (58'1)243-371'4 DB. RAY BFA~I 1993 20Ol DIRECT PHONE LINE (561) 243-7050 OUR FAX 243-3774 TOTAL NU~ER OF PAGES (including cover sheet) I-I Please Recycle COMMENTS: 08/08/02 THU 15:31 FAX 561 243 3774 CITY CLERK ~001 TRANSMISSION OK TX/RX NO CONNECTIONTEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT *** TX REPORT *** 3586 08/08 15:21 10'16 15 OK 9243746I FAX TO: FROM: C:ITY OLBRK~B OFFICE OITY OF DELRAY BEAOH ~00 N.W. ~,t Ave E)elray leaoh FL :33444 1993 2001 Tel (8e'1)243-?080 - F,x (~81)~43-3774 FAX NUIvIBER ...... DHU~CT PHONE LINE (S61) 243-?050 OUR FAX 243-3774 TOTAL NUMBER OF PAGES (including cover sheet) I-I Urgent ~,or Review 3'1 Please Comment 13 Please Reply r-i Please Rec~.le COMMENTS: FAX TO: FROM: CITY CLERK'8 OFFICE CITY OF DELRAY BEACH ~q00 N.W.t.t Ave Delray Beach FL 33444 D~Y~CH 1993 2001 ,Tel (~'1)~-?0~0- Fox (~'1)~4~-~77'4 DIRECT PHONE LINE (561) 243-7050 OUR FAX 243-.3774 TOTAL NUMBER OF PAGES (including cover ~heet) ID Urgent 2~or Review ..0 P~me Comment 0 P'~ease Rep~ COMMENTS: 08/09/02 FRI 16:06 FAX 561 243 3774 CITY CLERK ~001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TItlE USAGE T PCS. SENT RESULT ,,, TX REPORT 3602 915617126449 08/09 15:41 25'15 27 OK FAX TO: FROM: DEI~A¥ IE~CH CITY OF DELRAY BEACH 100 N.W. t'~ Ave 1993 Delrmy Bench FL 33444 2oo~ Tel (Sel)243-?050- Fex (e~1)243-3774 DIRECT PHONE LINE (561) 243-7050 OUR FAX 243-3774 TOTAL NUMBER OF PAGES (including cover sheet) .1'1Plem Comment [:] Please Reply E] Please Recycle COMMENTS: FAX TO: FROM: CITY CLERK'8 OFFICE CITY OF DELRAY BEACH t00 N.W. 'l.t Ave Delr-y Be.ch FL 33444 Tel (681)243-?0B0- F.x (861)243-3774 DH. RAY B E~C~I 1~3 2001 DIRECT PHONE LINE (561) 243-7050 OUR FAX 243-3774 TOTAL NUMBER OF PAGES (including cover sheet) El I'lesme Re~ly COMMENTS: 08/12/02 MON 13:57 FAX 561 243 3774 CITY CLERK ~001 *** TX REPORT *** TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT 3613 915617126458 08/12 13:48 08'33 11 OK CITY CLERK'8 OFFICE CITY OF DELRAY BEACH 100 N.W. 1.( Ave Delray Beach FL 33444 Tel (561)243-?050- Fax (561)243-3774 DELRAY BEACH 1993 2001 TO: FROM: [~/'~nt FAX NUMBER NAME OF SENDER DIRECT PHONE LINE OUR FAX 243-3774 TOTAL NUMBER OF PAGES (including cover sheet) For Review .[:] Please Comment [] Please Reply (561) 243-7050 [] Please Recycle FAX CITY CLERK'S OFFICE CITY OF DELRAY BEACH t00 N.W.t.t Ave Delrey Beach FL 33444 Tel (66t)243-7060 - Fax (661)243-3774 DELRAY BEACH 1993 2001 TO: FROM: FAX NUMBER NAME OF SENDER DIRECT PHONE LINE OUR FAX 243-3774 TOTAL NU~VIBER OF PAGES (including cover sheet) For Review -O Pleme Comment [] Please Reply (561) 243-7050 [] Please Recyole