Ord 35-02
I
C
I
BOOK 14107 P~E 0588
,
II
I:
II
II
!i
I
ORDINANCE NO. 35-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH, A PARCEL OF LAND ON
. THE WEST SIDE OF BARWICK ROAD, APPROXIMATELY
260 FEET NORTH OF THE L-31 CANAL (13341 BARWICK
ROAD), AS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO THE CITY;
REDEFINING THE CITY'S BOUNDARIES TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING LAND USE
DESIGNATION OF ill (LOW DENSITY RESIDENTIAL 0-5
DUlAC) FOR SAID LAND TO THE FUTURE LAND USE
MAP IN THE CITY'S COMPREHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE
PLAN AMENDMENTS; PROVIDING FOR ZONING SAID
LAND R-1-AAA (SINGLE FAMILY RESIDENTIAL)
DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Bruce J. Koeser and Linda R. Koeser are the fee simple owners of a 0.88 acre
parcel of land located on the west side of Barwick Road, approximately 260 feet north of the L-31
Canal (13341 Barwick Road); and
WHEREAS, Bruce J. Koeser and Linda R. Koeser have 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 presently under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of MR-5
(Medium Residential 5-units per acre); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City ofDelray Beach, Florida, is ill (Low Density Residential 0-5 du/ac); and
I
l
BOOK 14107 PAGE 0589
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, pursuant to illR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of July 15,2002, and voted 7 to 0 to
recommend that the requests be approved with an initial zoning of R-1-AAA (Single Family
Residential), based upon positive findings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY 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
The South 113 of the North 3/5 of the East 112 of the Southeast quarter of the
Southeast quarter of the Northwest quarter of Section 12, Township 46 South,
Range 42 East, Palm Beach County, Florida, less the East 40 feet for road right-
of-way.
The subject property is located on the West side of Barwick Road, approximately
260 feet North of the L-31 Canal (13341 Barwick Road).
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
2
ORD NO. 35-02
I I
C )
BOOK 14107 PAGE 0590
requirements and conditions.
Section 5. That the Future Land Use Map designation of the subject property is hereby
officially affixed as ill (Low Density Residential 0-5 dul ac).
Section 6. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 7. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described
is hereby declared to be in Zoning District R-1-AAA (Single Family Residential) as defined by
existing ordinances of the City of Delray Beach.
Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 9. That should 'any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 10. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.s. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.s. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Dtive, Tallahassee, Florida 32399-2100.
3
ORD NO. 35-02
I
l
I
~)
BOOK 14107 PAGE 0591
Dorothy H. Wilken, Clerk
Ii PASSE~ND ADOPTED in regular session on second and final reading on this the
do day of ~~~A~ ,2002. .
~~.<:;:~
ATTEST
MAYOR
In#~
City Clerk
First Rea .
Second Readin
4
ORD NO. 35-02
[IT' DF DELRRY BEA[H
DELRA Y BEACH
, L 0 . , " A
CITY CL.ERK
ql) N 'N .;-,1 i\\fEi"JUE DELRAY BEACH. FLOF1lDA 33444 561/2437000
('",J
CJ
go:,
:;;-:.- "",,,,,;'1,_)
~ ~8~~
N Uln:-
0-4::'1::
c;::V'lp:
;i:'O~
"''''
n. :;x;
~gn
r....,i=,;
r--J':)
~
b'.e.I:II
A11.America City
, III I!
111111111111111111.111
09/0~/200e 09:06:00 2OO204b2~7b
OR BK 1~107 P6 0587
Palm Beach County, Flo~ida
<::>
["V
1993
2001
CERTIFICATION
-0
I, BARBARA GARITO, City Clerk of the City of Delray Beach, =&0
hereby certify that the attached document is a true and correct copy~f
Ordinance No. 35.02, as the same was passed and adopted by the De~
Beach City Commission in regular session on the 20th 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 218t day of
August, 2002.
!lvJ~~
Barbara Garito
City Clerk
City of Delray Beach, Florida
;.
-
<SE'AI.\I
..-
f;',
..
o'
"
\-.:,
{:, ~"
--\'-:~
T
.."
<>HT !~. _"V),VS ~..1ATTEr~s
ORDINANCE NO. 35-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRI.RAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DRI.RAY BEACH, A PARCEL OF LAND ON
THE WEST SIDE OF BARWICK ROAD, APPROXIMATELY
260 FEET NORTH OF THE L-31 CANAL (13341 BARWICK
ROAD), AS MORE PARTICULARLY DESCRIBRD HEREIN,
WHICH LAND IS CONTIGUOUS TO THE CITY;
REDEFINING THE CITY'S BOUNDARIES TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING LAND USE
DESIGNATION OF LD (LOW DENSITY RESIDENTIAL 0-5
DU/AC) FOR SAID LAND TO THE FUTURE LAND USE
MAP IN THE CITY'S COMPREHENSIVE PLAN;
RI.RCTING TO PROCEED UNDER THE SINGI
HEARING ADOPTION PROCESS FOR SMAIJ. SCALE
PLAN AMENDMENTS; PROVIDING FOR ZONING SAID
LAND R-l-AAA (SINGLE FAMILY RESIDENTIAL)
DISTRICT; PROVIDING A GENERAL REPE_AI
CI~USE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHERRAS, Bruce J. Koeser and Linda R. Koeser are the fee simple owners of a 0.88 acre
parcel of land located on the west side of Barwick Road, approximately 260 feet north of the L-31
Canal (13341 Baxwick Road); and
WHEREAS, Bruce J. Koeser and Linda R. Koeser have requested by voluntaxy 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 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 jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (FLU1V0 designation of MR-5
(Medium Residential 5-units per acre); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is LD (Low Density Residential 0-5 du/ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, pursuant to 1.13R Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of July 15, 2002, and voted 7 to 0 to
recommend that the requests be approved with an initial zoning of R-I-AAA (Single Family
Residential), based upon positive findings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DI~.!.RAY 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:
The South 1/3 of the North 3/5 of the East 1/2 of the Southeast quarter of the
Southeast quarter of the Northwest quarter of Section 12, Township 46 South,
Range 42 East, Palm Beach County, Florida, less the East 40 feet for road right-
of-way.
The subject property is located on the West side of Barwick Road, approximately
260 feet North of the L-31 Canal (13341 Barwick Road).
Sectigl~ 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 Stotmwater
Management Assessment levied by the City pursuant to its ordinances and as requited by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Dekay
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
2 ORD NO. 35-02
zequi~ements and conditions.
Section 5. That the Future I. mad Use Map designation of the subiect property is hereby
officially affixed as I.D (Low Density Residential 0-5 du/ac).
Section 6. That the City of Delray Beach elects to make this srn~ll scale amendment by
having only an adoption he-ring, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 7. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described
is hereby declared to be in Zoning District R-l-AAA (Single Family Residential) as defined by
existing ordinances of the City of Dehay Beach.
Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 9. That should 'any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 10. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Depaii~uent of Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Depaii~ent of Community Affairs, Bureau of Local P!~nning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
3 ORD NO. 35-02
PASSED ~&ND ADOPTED
ATTEST
City Clerk
First Readin~ ~'~- ~, dOOv~
Second Rea~l. imz~ ~ .~'~a, ~
in regnhr session on second and final reading on this the
2002.
MAYOR
4 ORE) NO. 35-02
LAKE WORTH
DRAINAGE DISTRICT
FARM
BUREAU
OS
BANYAN
CREEK
ELEMENTARY
SCHOOL
¢F-$
MOBIL
LAKE IDA RD-
LAKE
~J
IDA ROAD
L-31
-CF-O
BARWlCK
PARK
05
BARWICK ROAD
N
CITY OF DELRAY BEACH, FL
PLANNING 4[ ZONING OI[PAR'~4ENT
KOESER ProPErTY
FUTURE LAND USE MAP AMENDMENT
FROM' COUNTY MR-5 (MEDIUM DENSITY RESIDENTIAL - 5 UNITS PER ACRE)
TO: CITY LD (LOW DENSITY RESIDENTIAL, 0-5 UNITS PER ACRE)
-- D/C,F/A~ ~'[E£ MAP SYETEM -- MAP REF. LM623
., -- CANAL L- ~0
ORAINAGE DISTRICT ~
~ ~ ~ ,~ CF
I~_ ~F 1
IIIIIfl~
nRE ~ ( I I~
N KOESER PROPER~ REZONING
~ FROM: COU~ AR (AGRICULTU~ RESIDENTIAL)
~ ~ o~,~ s~.c,. ~ TO: CI~ R-I-~ (SINGLE FAMILY RESIDENTI~)
PLANING · Z~ING DEPAR~ENT
---- O/G~ ~E~ ~M --- ~ REF ~623
TYPE Ol~ ~U~vt=Y: o~UmuanT I
· UBJE~I' PROPERTY'$N~O~'NN HEREON ~ ~ I~ ~ INSURANCE
ADMINI~ATIQN D~IGNA~D FLOOD N~RD AR~, FLOOD ZONE
AS PER THE NA~ON~ F~OD I~U~NCE ~ MAP,
PROFESSIONAL SURVEYOR No. ~ ~"
· '. '="':..~.;'2-"" '..,,~-"--,,c.,..~.'"'..~.-,'='&~.~''''' Ln # ~,
American Land Surveying, Inc.
£1T¥DELRI:iV BEI:I£H
DELRAY BEACH
NI-Amedca City
1993
2001
CITY CLERK
lOO N W 1st AVENUE
August 21, 2002
DELRAYBEACH, FLORIDA 33444 561/243-7000
NOTIFICATION OF ANNEXATION
Please find a copy of Ordinance No. 35-02 annexing property tO the City of
Delray Beach, which was passed and adopted on second and final reading by
the City Commission in reg~_flsr session on August 20, 2002. Ordinance 35-02
will be recorded with the Palm Beach County Clerk of the Court.
This infotrnation 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,
Barbara Garito
City Clerk
Attachments: Ordinance No. 35-02
Pnnted on Recycled Paper
THE EFFORT ALWAYS MATTERS
DELRAY BEACH
1993
2001
CITY CLERK
100 N.W. 1st AVENUE
CERTIFICATION
DELRAY BEACH, FLORIDA 33444
561/243-7000
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
Ord{nAnce No. 35'02, as the same was passbd and adopted by the De[ray
Beach City Commission in regular session on the 20th 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 21st day of
August, 2002.
Barbara Gar[to
City Clerk
City of De[ray Beach, Florida
THE EFFORT ALWAYS MATTERS
Pnnted on Recycled Paper
CITY OF DELRAY BEACH
NOTICE OF ANNEXATION
AND ZONING
ORDINANCE NO. 35-02
The Cily Commission of Ihe Cily of Ddray Beach, Florida, will hold a
Public Hearing on Ihe following proposed ordinance _on ~
AI~,~IST 20. 2002, 7:00 RM., (or ~ any continuation of .s~ch meeting
which is set by Ihe Commission} in Ihe Commission Chambers at City
Hall, 100 N.W. 1 st Avenue, D~I.. ray Beach, Florida. The ordinance will
be read by title only and all interested parties will be given the
opportunity Io be heai-cl.
ORDINANCE HO. 35-02
AN ORDINANCE Of: THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PARCEL OF LAND ON THE WEST SIDE OF BARWICK
ROAD, APPROXIMATELY _260 FEET NORTH OF THE L-31 CANAL
(13341 BARWICK ROAD), AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGIX)U$ TO THE CITY; REDEFINING
THE CflY'$ BOUNDARIES TO INCLUDE SAID LAND; PROVIDING FOR
THE RIGHTS AND OBUGATIONS OF SAID LAND; AFFIXING LAND
USE DESIGNATION OF LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC
FOR SAID IAJ~D TO THE FUTURE LAND USE MAP IN THE CITY'S
COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE PLAN
AMENDMENTS; PROVIDING FOR ZONING SAID LAND R-I-AAA
(SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
A MAP (not to scale) DEOCTING THE GENERAL LOCATION OF THE
PROPERTY TO BE ANNEXED IS SHOWN BELOW. A COMPLETE
LEGAL DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES
· AND BOUNDS AND A COPY OF THE ORDINANCE HEREIN ABOVE
NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK,
CITY HALL, 100 N.W. 1st AVENUE, DELRAY BEACH, FLORIDA.
All interested citizens are invited 1o attend Ihe publ. ic hearing and
comment upon lhe pro~x~d ordinance or submit Ihair cornnmnls in
writing on or bek)r;e I~e cJate d Ibis hearing Io the Planning-and
Zoning ~. For [urthar information or Io oblain a .(x~9, bf Iha
p~ 'ordinancG please contact Ihe Planning and Zoni.ng
~, .c,y Hall, 100 N.W. 1st Aw~e, Ddrax ,~ch noric~
33444 (email at pzmailOddra,mlannir~.om of. by calling 561/2.~-
7040), between ~he hours of 8:00 am. and 5:00 p.m., Monday
PLEA.SE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COM~ WITH RE,SPECT TO
ANY MATTER CONSIDERED -AT THESE HEARINGS, SUCH PERSON
MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE
TE$11MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD PURSUANT TO ES. 286.0105.
CITY OF DELRAY BEACH
NOTICE OF PROPOSED LAND
The City Commission oJthe Cily of Delroy Beocl~, Florida, proposes to adopt the
following ~mall scale amendment to Ihe Comprehensive Pion of th_e Cily of Delro¥
· A small scale Fulure I~cl Use Mai) ~mendme~l FROM County MR-5 I/~di0m
£esicl~tiol 5-u~il~ per acre) 1'O City LD JLow Den~ily Residential 0-$ du/oc) o~cl
An~e×ation wilh i~ilial zoning of R-1 AAA ISingle Fomily Residenlial) for the
Koeser Residence, located on the West Side of I~rwick Road, approximately
260 feet North ollhe L-31 Canal 113341 l~arwicl< Road). The parcel contains
0.88 acres.
The City Commission of the City of Delray Beach, Florida, will hold a Public
Hearing on TUESDAY, AUGUST 20. 2002, AT 7.00 P.tA,, lot at any
con'linuatien of such meeting which is set by the Commission) in the Commission
Chambers at City Hall, 100 N W. I' Avenue, Delray Beach, Florida. At this
meeting the Cily Commission will consider adopting this small sc61e amendment
to the Future Land Use Map of the Comprehensive Plan. The title o1: the enacting
ordinance is as ~lows:
AN ORDINANCE OF THE CI:IY COMMISSION OF THE 'CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF
LAND ON THE WEST SIDE OF BARWICK ROAD, APPROXIMATELY 260 FEET
NORTH OF THE I.-31 CANAL 113341 BARWICK ROAD), AS MOI~E
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO THE
CITY; REDEFINING THE CITY'S BOUNDARIES TO INCLUDE SAID LAND,
PROVIDING FOR THE RIGHTS AND OBUGATIONS OF SAID LAND; AFFIXING
LAND USE DESIGNATION OF ID (LOW DENSITY RESIDENTIAL 0-5 DU/AC FOR
SAID LAND TO THE FUTURE LAND USE MAP IN THE CITY'S COMPREHENSIVE
PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE PLAN AMENDMENTS; PROVIDING FOR ZONING
SAID lAND R-I-AAA ISII',IGIF FAMILY RESIDENTIAl.) DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
-All~interedecl cilizens are invited to attend the public' hearing and comment upon
the ~m:)posed ordinance or submit their comments in writing on or before the date
of this heoring to the Planning and Zoning Department. For lurlher information or
to obtain a copy of Ihe proposed ordinance, please conlact the Planning and
Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida
33444 (email at pzmail~delrayplanning.org or by calling 561/243-7040),
between the hours of 8:00 a.m. and 5:O0 p.m., Monday through Friday,
excluding holidays. -
PLEASE BE ADVISED :[HAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE
THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROV1DE
NOR PREPARE SUCH RECORD PURSUANT TO F.S. 286.0105.
' CITY Of DELRAY BEACH
- · Barbara Garito, CMC
. Cay C. lerk
PUBLISH: Boca Raton/Ddray Beach N~vs
F~loy, _~ugud 9, 2002
Ad~ NS080261
J
r. CITY OF DELRAY BEACH
NOTICE OF ANNEXATION AND ZONING
ORDINANCE NO. 35-02
The C~'y Commiss~n of Itm C~ty of Delray Beach, Fl~nda will hold a Pubhc Heanng on the follo~ng prop<~s~ o~dlnance on TUESDAY1 AUGUST 20~ 200~ AT 7:00 PM, (or at any
conanuabon of such meat~ng which ~s set by the Commission) in the CommLss~on Chambers.at C~ Hall, 100 N W 1st Avenue, Delmy Beach, Florida, at wh,ch time the C~ Comrmss~o~ wll
con.der its adopbon The ordinance wdl be read by 'Mle only and ail interested pml]es wdl be gwen the oppoffunity to be heard
ORDINANCE NO. 35-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CRY OF DELRAY BEACH, A PARCEL OF LAND ON THE WEST SIDE
OF BARWlCK ROAD. APPROXIMATELY 26~ FEET NORTH OF THE L-31 CANAL (13341 BARWICK ROAD), AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND I$
CONTIGUOUS TO THE CITY; REDEFINING THE CITY'S BOUNDARIES TO INCLUDE SAID LAND, PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND, AFFIXING LAND
USE DESIGNATION OF LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC FOR SAID LAND TO THE FUTURE LAND USE MAP IN THE CITY'S COMPREHENSIVE PLAN, ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE PLAN AMENDMENTS, PROVIDING FOR ZONING SAID LAND FH-AAA (SINGLE FAMILY
RESIDENTIAL) DISTRICT, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE
WHEREAS, BnJce J. Koaaar and Llflda R. Koesar are the fea Nmp~e ownem of a 0 8~ acm parcel of land located on Ihe we~ side of Bar#lek Fioad, appmxin~Wy 260 leer no~lh of the
L-31 Canal (1.3341 Ban,~k Road); end
WHEREAS, Brace J. Koe,=ar and Unda R. Koeser have requested by volunlmy petiUon to have the subtast propeffy annexed Into the municipel I;nllts of the City of Delmy Beach; and
MR-5 (Medium ~ 5-uofta per acre); and
WHEREAS, the City's FLUId dastgnations as initiaJly eontmned on the City's Future Land Use Map adopted in November, 1989, and as .ubeequ~ am~-,,~e~, are deemed to be
WHEREAS. pumuant to LDR SecUon 2 2.2(6), the Planrdng and Zoning Board held a public hearing and ~aemidered ~e sul~jecl matter at ils meaflng of July 15, 2002. and voeed 7 to 0 to
NOW, THEREFORE, BE 1T ORDAINED BY THE CRY COMMISSION OF THE CITY OF DELRAY BEACH. FLOR/DA. AS FOLLOWS:.
The subject pmpartyls kx:ated on tbe Wast ~tde of aanv=k noed, appmximate~/260 feet Nor~ eHhe L-31 Canal (13341 Banmck Road)
lands in the Cdy of Delray Beach are now or may be subjected, Including b~e Stomlwator Management Assessment levied by the Cily pursuant to Ils ordinarmas and aa m(Nired by Flonda
Statutes Chapter 197, and pemons raa~ding thareon shall be deemed c~zens of tbe City of Delray Beach, ~
Seclk~n 6. That Ihe City of Debay Beach elects to make this small asale amendment by bering only a~t acloplion bearl~tg, pumuant to Fk~ida Statutea Sec~on 163.3187(I){c)3.
de~.'ribed Is hereby declared to be in Zoning District R- I-AAA (Single Family Raa.,dentml) as defined by existing ordinanoes of Itm City of Delmy Beach.
SecUre 10. Thst tim on~nano, ,t,tl became .flec~ve as tailm~ AS l0 ,meaem, m~ed~aty .lxm ~,.,=? o~ ~0nd and r,~ mating, m ~ ~ ~ ~ ~,
Ih,ly-ene (31) ~lays a~tm ad0pa0., robes ~e ame,-G~-~l-; m chal~ p.mmnl to Sectmn 163 3187{3), F.S
BY L~ ~Vl~ ~ ~S ~ ~S~ A~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~E
~C~~I~NW I~A~ ~Y ~H, ~
F~y, ~
P~ ~ ~VlS~ ~T IF A PER~N ~CI~S TO A~ ~ DECISI~ MADE BY ~E C~ C~MI~I~ ~
RE~E~ TO ~ ~R ~SIDERED AT ~ESE H~I~S, S~ P~ ~Y NE~ TO ENSURE ~T A VERBUM
RE~D INCLUDES ~E ~M~Y ~D ~IDENCE U~ WHICH ~E ~P~ IS ~ BE ~ED. ~E C~ ~ES NOT
P~ ~ P~E S~H RE.RD ~RSU~ m F.S. ~ 01~
cn-Y OF DELRAY BEACH
Bast3era Ga~, CMC
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~'¢ (
AGENDA ITEM # { k.~ . REGULAR MEETING OF AUGUST 20. 2002
ORDINANCE NO, ~5-02 (ANNEXATION, SMAI.I. SCALE FUTURE
LAND USE MAP AMENDMENT & INITIAL ZONING
AUGUST 16, 2002
This is second reading for Ordinance No.35-02 that provides for annexation, a small scale Future
Land Use Map (FLUM) amendment from County MD (Medium Density Residential - Five (5)
dwelling units/acre) to City I.D (Low Density Residential - Zero (0) to Five (5) dwelling units/acre),
and initial zoning to R-I-AAA (Single Family Residential District) for a parcel of land located on the
west side of Banvick Road approximately 260 feet north of the L-31 Canal (13341 Barwick Road).
The subject property is currently located in unincorporated Palm Beach County and has an AR
(Agricultural Residential) zoning designation. The property is located within the City's Planning Area
(Future Annexation Area) and the owner is seeking voluntary annexation at this time. The 0.88 acre
property contains an existing 2,677 square foot one-story single family home. The applicant is seeking
annexation into the City to obtain water service.
On July 15, 2002, the Planning and Zoning Board held a public heating in conjunction with the
request. No one from the public spoke. After discussion, the Board voted 7-0 to recommend that
the request be approved, based upon positive findings with respect to Future Land Use Element
Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Land Development
Regulations Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), 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 August 6, 2002, the City Commission passed the Ordinance No. 35-02
unanimously.
Recommend approval of Ordinance No. 35-02 on second and final reading.
TO:
THRU:
FROM:
SUBJECT:
DAVID)T. HARDEN, CITY MANAGER
PAUL DORLIN,~., PLANING AND ZONING DIRECTOR
~J~SMIN A~ANNER
MEETING OF AUGUST 6, 2002
ANNEXATION, SMALL-SCALE FUTURE LAND USE MAP
AMENDMENT FROM COUNTY MD (MEDIUM DENSITY
RESIDENTIAL FIVE DU/AC) TO CITY LD (LOW DENSITY
RESIDENTIAL - ZERO TO FIVE DU/AC), AND INITIAL ZONING OF
R-l-AAA (SINGLE FAMILY RESIDENTIAL DISTRICT) FOR A
PARCEL OF LAND LOCATED ON THE WEST SIDE OF BARWICK
ROAD, APPROXIMATELY 260 FEET NORTH OF THE L-31 CANAL
(13341 BARWICK ROAD)
The 0.88 acre property is currently located in unincorporated Palm Beach County
and has an AR (Agricultural Residential) zoning designation. The property is located
within the City's Planning Area (Future Annexation Area) and the owner is seeking
voluntary annexation at this time. The property contains an existing 2,677 square
foot one-story single family home. Additional background and an analysis of the
request are found in the attached Planning and Zoning Board Staff Report.
At its meeting of July 15, 2002, the Planning and Zoning Board held a public hearing
in conjunction with the requests. There was no public testimony regarding the
proposal. After reviewing the staff report and discussing the proposal, the Board
voted 7-0 to recommend that the requests be approved, based upon positive
findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive
Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and
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.
By motion, approve on first reading the ordinance for Annexation, the FLUM
amendment from County MD (Medium Density Residential - Five Dwelling Units Per
Acre) to City LD (Low Density Residential - Zero to Five Dwelling Units Per Acre),
and the initial zoning designation of R-l-AAA (Single-Family Residential District),
based upon the findings and recommendation by the Planning and Zoning Board
and set a public hearing date of August 20, 2002.
Attachments: P & Z Staff Report of July 15, 2002
ORDINANCE NO. 35-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH, A PARCEL OF LAND ON
THE WEST SIDE OF BARWICK ROAD, APPROXIMATELY
260 FEET NORTH OF THE L-31 CANAL (13341 BARWICK
ROAD), AS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO THE CITY;
REDEFINING THE CITY'S BOUNDARIES TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING LAND USE
DESIGNATION OF LD (LOW DENSITY RESIDENTIAL 0-5
DU/AC) FOR SAID LAND TO THE FUTURE LAND USE
MAP IN THE CITY'S COMPREHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMAIJ. SCALE
PLAN AMENDMENTS; PROVIDING FOR ZONING SAID
LAND R-l-AAA (SINGLE FAMILY RESIDENTIAL)
DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTWE
DATE.
WHEREAS, Bruce J. Koeser and Linch R. Koeser are the fee simple owners of a 0.88 acre
parcel of land located on the west side of Barwick Road, approximately 260 feet north of the L-31
Canal (13341 Barwick Road); and
WHEREAS, Bruce J. Koeser and Linch R. Koeser have requested by voluntary petition to
have the subject property annexed into the munidpal 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, Flofich; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (FLU1V0 designation of MR-5
(Medium Residential 5-units per acre); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is LD (Low Density Residential 0-5 du/ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; 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 July 15, 2002, and voted 7 to 0 to
recommend that the requests be approved with an initial zoning of R-I-AAA (Single Family
Residential), 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:
The South 1/3 of the North 3/5 of the East 1/2 of the Southeast quarter of the
Southeast quarter of the Northwest quarter of Section 12, Township 46 South,
Range 42 East, Palm Beach County, Florida, less the East 40 feet for road right-
of-way.
The subject property is located on the West side of Barwick Road, approximately
260 feet North of the L-31 Canal (13341 Barwick Road).
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 De[ray
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
2 ORE) NO. 35-02
requirements and conditions.
Section 5. That the Future Land Use Map designation of the subject property is hereby
officially affixed as LD (Low Density Residential 0-5 du/ac).
Section 6. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption heating, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 7. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described
is hereby declared to be in Zoning District R-I-AAA (Single Family Residential) as defined by
existing ordinances of the City of Delray Beach.
Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 9. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 10. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one 01)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Depamnent of Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Depamnent of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
3 OR.I) NO. 35-02
PASSED AND ADOPTED in rega_dar session on second and final reading on this the
day of ., 2002.
ATI'EST
MAYOR
City Clerk
Fit-st Reading
Second Reading
4 ORD NO. 35-02
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
July 15, 2002
IV.A.
Future Land Use Map Amendment From County MR-5 (Medium Residential 5-units
per acre) to City LD (Low Density Residential 0-5 du/ac) and Annexation With Initial
Zoning of R-l-AAA (Single Family Residential) for the Koeser Residence.
GENERAL DATA:
Owner/Applicant/Agent ............... Bruce J. Koeser and Linda R.
Koeser
Location ...................................... West Side of Barwick Road,
Approximately 260 Feet
North of the L-31 Canal
(13341 Barwick Road).
Property-Size ..................... : .... ... 0.88 Acres
Existing FLUM ........................... County MR-5 (Medium
Residential 5-units
per acre)
Proposed FLUM ......................... City LD (Low Density
Residential 0-5 du/ac)
Current Zoning ............................ County AR (Agricultural
Residential)
Proposed Zoning ........................ City R-l-AAA (Single Family
Residential)
Adjacent Zoning ................ North: County AR (Agricultural
Residential)
East: PRD (Planned Residential
Development)
South: County AR (Agricultural
Residential)
West: County AR (Agricultural
Residential)
Existing Land Use ...................... Single Family Residence
Proposed Land Use .................... Single Family Residence
Water Service ............................. Available via connection to an
existing 12" water main along
Barwick Road.
Sewer Service ............................. Requires installation of a
gravity system connection to
existing 8" force-main along
Barwick Road
CANAL L-30
LAKE IDA
L-,.31
ROAD
IV.A.
The item before the Board is that of making a recommendation on a Voluntary
Annexation (pursuant to Florida Statute 171.044), and a Small-Scale Future Land Use
Map (FLUM) amendment from County Medium Density Residential (five dwelling units
per acre) to City LD (Low Density Resid&ntial - zero to five dwelling units per acre) with
an initial zoning of R-l-AAA (Single Family Residential).
The subject property is located on the west side of Barwick Road, approximately 260
feet north of the L-31 Canal.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and
Zoning Board shall review and make a recommendation to the City Commission with
respect to FLUM Amendments or Rezoning of any property within the City.
J
The 0.88 acre property is currently located in unincorporated Palm Beach County and
has an AR (Agricultural Residential) zoning designation. The property is also located
within the City's Planning Area (Future Annexation Area). The site is contiguous to the
municipal limits of Delray Beach on the east and the owner is seeking voluntary
annexation at this time. The property contains an existing 2,677 square foot one-story
single family home constructed in 1958.
Requests for Annexation, Future Land Use Map amendment and Initial Zoning have
been submitted to accommodate the R-l-AAA (Single-Family Residential) zoning
designation for the subject property, and are now before the Board for action.
As noted above, the property contains an existing single family home. The applicant has
requested the annexation, FLUM, and rezoning changes in order to obtain City services
such as municipal water. The applicant has indicated that while there are no plans to
redevelop the property they intend to make improvements such as adding a garage and
a swimming pool. The primary use as a single family residence use will remain as it
exists at this time.
I~,~:-=-~,F,UT'UR ~ND, U:SE,,~M~AP AME~ND~M'E'N~T*~A~N,A*{~¥S¥S"i:~'"?I
Current and Requested Land Use Desiqnations: The current County Future Land
Use Map designation for the property is Medium Density Residential (Five-Dwelling
Units Per Acre). The current City "advisory" designation for this property is LD (Low
Density Residential - Zero to Five Dwelling Units Per Acre). The requested Future Land
Use Map change is to City LD (Low Density Residential - Zero to Five Dwelling Units
Per Acre).
Planning and Zoning Board Staff Report
Koeser Property (13341 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 2
Florida Statutes 163.31873 - Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small-Scale
Development pursuant to Florida Statutes 163.3187. This statute states that any local
government comprehensive land use amendments directly related to proposed small
scale development activities may be approved without regard to statutory limits on the
frequency of consideration of amendments (twice a year), subject to the following
conditions:
The amendment does not exceed 10 acres of land;
The cumulative effect of the amendments processed under this section shall not
exceed 120 acres within designated redevelopment and traffic concurrency
exception areas, or 60 acres annually in areas lying outside the designated
areas;
The proposed amendment does not involve the same property, or the same
owner's property within 200 feet of property, granted a change within a period of
12 months;
That if the proposed amendment involves a residential land use, the residential
land use has a density of 10 units or less per acre;
The proposed amendment does not involve a text change to the goals, policies,
and objectives of the local government's comprehensive plan, but only proposes
a land use change to the future land use map for a site-specific small scale
development activity; and,
The property that is the subject of a proposed amendment is not located within
an area of critical state concern.
The Future Land Use Map amendment involves a 0.88-acre area, thus the total area is
less than the 10 acre maximum. The proposed amendment to LD (Low Density
Residential - Zero to Five Dwelling Units Per Acre) is less than the maximum 10
dwelling unit per acre limit set for residential amendments. The property is not located
within a designated redevelopment, urban infill, downtown revitalization, or traffic
concurrency exception area. This amendment along with other small-scale amendments
processed this year, outside the designated areas, will not exceed 60 acres. The
property has not previously been considered for a land use amendment nor has the
same property owner's properties, within 200 feet, been granted a land use change,
within the last year. The amendment does not involve a text change to the
Comprehensive Plan and it is not located within an area of critical state concern.
Land Use Analysis:
Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all
land uses and resulting structures must be allowed in the zoning district within which the
land is situated and, said zoning must be consistent with the land use designation as
shown on the Future Land Use Map.
Planning and Zoning Board Staff Report
Koeser Property (13341 Barwick Road)- Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 3
According to the City's Comprehensive Plan, the Agricultural, Rural Residential, R-1-A
through R-l-AAA (Single Family Residential), RL (Low Density- Multiple Family), PRD
(Planned Residential), CF (Community Facilities), OS (Open Space) and OSR (Open
Space & Recreation) zoning districts are consistent with the LD (Low Density
Residential - Zero to Five Dwelling Units Per Acre) Future Land Use Map designation.
The accompanying annexation and initial zoning application is seeking an R-l-AAA
(Single Family Residential) zoning district. The existing single family residence is a
permitted use within the R-l-AAA zoning district. The R-l-AAA zoning designation is
consistent with the proposed LD FLUM designation.
Consistency between the City and County Land Use Desiqnations:
The proposed City Future Land Use Map designation for the property is LD (Low
Density Residential - Zero to Five Dwelling Units Per Acre). The existing County Future
Land Use Map designation for the property is Medium Density Residential (Five-
Dwelling Units Per Acre). The City's FLUM designation is consistent with the County's
Medium Density Residential designation with respect to allowable density. The City's
FLUM designations as initially contained on the City's Future Land Use Map adopted in
November, 1989, (and as formally amended subsequently) are deemed to be advisory
until an official Future Land Use Map Amendment is processed.
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
Demonstrated Need -- That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, annexation into the municipal
boundaries, or similar circumstances. The need must be supported by data
and analysis. This policy shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply
to FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The above requirement does not apply as the FLUM amendment is associated with
an annexation, and the advisory LD (Low Density 0-5 du/ac) FLUM designation is
being applied. The proposed City LD FLUM designation is consistent with the
County MD (Medium Density) designation.
Consistency -- The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
The proposed FLUM amendment will fulfill the following Future Land Use Element
Policies:
Planning and Zoning Board Staff Report
Koeser Property (13341 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezomng
Page 4
Future Land Use Element Policy B-3.3: "The City has petitioned Palm Beach
County to make changes to its FLUM in order for there to be consistency between
City and County FLUM designations within the Delray Beach Planning Area. Once
consistency is achieved, the City shall petition for an interlocal agreement wherein
provisions shall be made that the City's FLUM designation shall be in effect
immediately upon 'annexation of a specific parcel. Following any annexation, the
Future Land Use Map, and appropriate portions of the Comprehensive Plan, shall be
amended to reflect the change in the City's boundaries."
As noted previously, the proposed City FLUM designation of Low Density is the most
similar to the County's Medium Density designation. The Planning and Zoning
Department shall be responsible for updating the Future Land Use Map to reflect the
boundary change and subsequent designation change. Upon annexation, it is
necessary to change the FLUM designation from the County's to the City's. The
proposed Low Density designation is the most appropriate given the similarity to the
County's Medium Density designation with respect to allowed density.
Future Land Use Element Policy B-3.2: 'l/Vater and sewer facilities shall be
provided to unincorporated areas by the City, upon demand, in a manner consistent
with policies of the City. The provision of water facilities shall be accompanied by an
agreement to voluntarily annex upon eligibility unless the property is already eligible
in which case, annexation shall precede the provision of services."
The property owner has indicated they would like the option of connecting to the
City's water and sewer services. Since the property is already eligible for
annexation, the owner has agreed to a voluntary annexation.
Concurrency - Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
The proposal involves the annexation of land that is currently developed with a
single family residence. Therefore, at the time of annexation there will be no
significant impact on the provision of water, sewer, drainage, streets/traffic and solid
waste services. Fire, EMS and Police will shift to a different provider; however, all of
these services will be equal to or better than existing services (see annexation
analysis for details).
If the property were redeveloped, it would be possible to construct 4 single family
homes at the maximum density allowed under the LD FLUM designation (5 du/acre
× 0.88 acres = 4.4 du). For maximum development purposes, a total of four single
family units will be utilized. As described below, the impact on the level of service
standards would be minimal:
Traffic:
The trip generation according to Table 10.8-3 "Fair Share Road Impact Fee
Schedule", Palm Beach County Traffic Performance Standards Ordinance for single
Planning and Zoning Board Staff Report
Koeser Property (13341 Barw~ck Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 5
family homes is 10 ADT (Average Daily Trips). Therefore, the redevelopment would
generate a total of 40 ADT. The net increase of only 30 ADT will not significantly
impact the surrounding roadway network.
Solid Waste:
The Solid Waste Authority indicates that it has capacity to serve development in the
County at its current LOS of 7.2 pounds per day per capita for the life of the existing
landfill. The current development of the property with one single family home
generates approximately 1.99 tons per year of solid waste. If the property were
redeveloped with 4 single family homes, the solid waste generation would increase
to approximately 7.96 tons per year. The potential additional 5.97 tons of solid waste
per year generated by the redevelopment will not significantly affect the solid waste
disposal LOS.
Water & Sewer:
Water and sewer service is currently available to the subject property. The Delray
Beach Water Treatment Plant and the South Central County Waste Water
Treatment Plant both have adequate capacity to serve the City at build out.
Parks and Recreation:
The Parks and Recreation Element of the Delray Beach Comprehensive Plan
indicates that the City meets the adopted level of service for parks and recreation
facilities for the ultimate build-out population of the City.
This analysis indicates that the redevelopment of the subject property would have an
insignificant impact on the provision of public services. Based upon the above, a
positive finding with respect to concurrency can be made.
Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The property is surrounded by the following Future Land Use Map Designations,
Zoning Designations & Land Uses:
North, South and West: To the north, south and west of the subject property are
existing single family residences that are under Palm Beach County jurisdiction with
a County Medium Density Residential (five units per acre) Future Land Use Map
designation and AR (Agricultural Residential) zoning designation.
East: To the east of the subject property (across Barwick Road) is vacant property,
which is located in City of Delray Beach, with a MD (Medium Density Residential -
5-12 du/acre) Future Land Use Map designation and PRD (Planned Residential
Development) zoning designation. This property is part of the Sabal Lake PRD and
Planning and Zoning Board Staff Report
Koeser Property (13341 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 6
can be developed at approximately eight units per acre pursuant to the Master
Development Plan.
The surrounding properties all have residential FLUM designations. The properties
to the north, south and west are predominately existing single family residences and
the vacant property to the east (Sabal Lakes Phase IV) is approved for multiple
family development. The proposed FLUM designation will be compatible with the
surrounding area.
Compliance -- Development under the requested designation will comply with
the provisions and requirement of the Land Development Regulations.
There is no development proposal associated with this FLUM amendment.
However, any future redevelopment of the property will be required to comply with
the City's Land Development Regulations at that time. Compliance of the existing
development with the Development Standards for the proposed R-l-AAA zoning
district is discussed later in the "Zoning Analysis" section of this report.
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 compact may petition the
governing body of said municipality that said property be annexed to the municipality".
Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation
when such annexation results in the creation of enclaves".
Analysis:
The property is contiguous to the City on the east (across Barwick Road) and is
reasonably compact. This annexation will not create an enclave.
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 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 north side of Lake Ida Road, between Barwick Road an'd
Military Trail. 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.
Planning and Zoning Board Staff Report
Koeser Property (13341 Barwick Road) -Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 7
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, which 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, as the police currently
pass the property while patrolling areas of the City to the north, south and east of the
property.
Fire and Emergency Services: With annexation, the property will receive an
improvement in response time from the current 7 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). The annexation of this property will not require additional manpower.
Water: Municipal water service is available via connection to an existing 12" water
main located along Barwick Road. Pursuant to the Comprehensive Plan, treatment
capacity is available at the City's Water Treatment Plant for the City at build-out.
Sewer: Sewage is currently accommodated on-site via a septic system. While a 8"
force main is located along the west side of Barwick Road, a connection to the City
system will only be required when a gravity system is available or with future
redevelopment of the property. 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 property has direct access to Barwick Road,
jurisdiction of the County. The jurisdictional responsibility
maintenance responsibility will not change upon annexation.
which is under the
and the associated
Parks and Open Space: The annexation of the property, which contains a single family
residence, will not create a significant impact on park and recreational facilities.
Planning and Zoning Board Staff Report
Koeser Property (13341 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 8
Solid Waste: As there is no change in actual land use at this time, there will be no
impact on solid waste disposal. The service provider will not change, as described later
in this report.
Financial Impacts:
Effect Upon Annexed Property:
For the 2001 tax year the subject property had an assessed value of $101,376 however,
with the $25,000 homestead exemption, the taxable value will be $76,376. With the
change from County to City jurisdiction, the following taxes and rates will be affected:
Ad Valorem Taxes
Fire/Rescue MSTU
Library
City of Delray Beach
City of Delray Beach Debt
Millage With Annexation
3.05 Deleted (County)
0.5403 Deleted (County)
7.37 Added (City)
0.63 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 yeady ad valorem taxes are $1522.11. With annexation the yearly ad
valorem taxes will be $1,858.90 tax difference of $336.79. In addition to property taxes,
the following Non Ad Valorem assessments apply:
Delray Beach Storm Water Utility - This equates to $40.50, based on the 25%
discount from the assessment because the subject property is located within the Lake
Worth Drainage District.
Solid Waste Authority - The Barwick Road annexation areas are 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.
Planning and Zoning Board Staff Report
Koeser Property (13341 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 9
Resulting Impacts to Property Owner:
FINANCIAL CONSlDE~TIONS:
AD VALORE~ T~ES +336.79
(Change from 01/02 Coun~ of 19.
9292 to City 01/02 rate 24.9389 mills
{4.4097)
NON AD VALORE~
Stormwater Assessment +$40.50
WATER UTILI~ FEE +$117.72
{Base fees only, additional fees are
based on usage $1.20 per 1,000
gallons for water. (Sewer fees are not
including as sewer connection is not
being made at this time)
ANNUAL FINANCIAL I~PACT: +$495.01
SERVICE CONSIDERATIONS:
FIRE RESPONSE
+ Faster response time from (estimated time)
7.0 minutes (County) to 3 minutes (City)
EMS
+ Faster response time from (estimated time)
7.0 minutes (County) to 3 minutes (City)
POLICE
+ Better response based upon more officers in
field.
CODE ENFORCEMENT
+ Pre-active vs. reactive opportunity to work
with property owners
Fiscal Impacts to the City: At the 200112002 City operating millage rate of 7.37 mills and
debt rate of 0.63 mills, the property will generate approximately $611.00 in new ad
valorem taxes per year. With future development, additional revenues will be realized
Planning and Zoning Board Staff Report
Koeser Property (13341 Barwick Road)- Annexation, Small-Scale Future Land Use Map Amendment, and Rezomng
Page 10
through increased assessment value, building permit fees, the annual collection of the
stormwater assessment fee. Additional revenue will be realized with the reassignment
of the following fees from County to City: utility taxes [9.7% electric (with a residential
exemption for 1st 90 kilowatt hrs.); 5.22% telecommunications (telephone and cable);
8.7% gas]; and, franchise fees on electric and gas.
The proposed City zoning designation is R-l-AAA (Single Family Residential district)
while the current County zoning designation is AR (Agricultural Residential). The zoning
designations of the surrounding properties are identified in the Future Land Use Map
Amendment Analysis section of this report.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the Staff Report or Minutes. Findings shall be made by the body,
which has the authority to approve or deny the development application. These
findings relate to the following four areas:
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment and Annexation
Analysis" sections of this report. Compliance with the Land Development
Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below:
Section 3.2.1 (Basis for Determininq Consistency): The performance standards
set forth in this Article either reflect a policy from the Comprehensive Plan or a
principle of good planning practice. The performance standards set forth in the
following sections as well as compliance with items specifically listed as required
findings in appropriate portions of Section 2.4.5 shall be the basis upon which a
finding of overall consistency [Section 3.1.1(C)] is to be made. However,
exclusion from this Article shall not be a basis for not allowing consideration of
other objectives and policies found in the adopted Comprehensive Plan in the
making of a finding of overall consistency.
Section 3.2.2 (Standards for Rezoninq Actions): Standard A, B, C and E are not
applicable with respect to this rezoning request. The applicable performance
standards of Section 3.2.2 is as follows:
D)
That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
Planning and Zoning Board Staff Report
Koeser Property (13341 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 11
The allowed uses in the R-l-AAA zoning district (single family homes and accessory
structures) are compatible with the surrounding residential development.
Section 2.4.5(D)(5) (Rezoning Findin_(is):
Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the
City Commission must make a finding that the rezoning fulfills one of the reasons
for which the rezoning change is being sought. These reasons include the
following:
That the zoning had previously been changed, or was originally
established, in error;
b=
That there has been a change in circumstances which make the current
zoning inappropriate;
Cm
That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property based
upon circumstances particular to the site and/or neighborhood.
Item "c" is the basis for which the rezoning should be granted. The property is in the
unincorporated area of Palm Beach County, however, it is within the City of Delray
Beach reserve annexation area. The applicant is applying for annexation of this property
into the City and the annexation requires that an appropriate City zoning designation be
applied. The requested R-l-AAA is of similar intensity as that allowed under the
proposed City LD (Low Density Residential - Zero to Five Dwelling Units Per Acre)
FLUM designation and is consistent with the surrounding residential zoning and the
existing development of the property.
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on a land development
application/request.
As noted previously, the property contains an existing single family residence. The
existing development was reviewed for compliance with the development standards for
the proposed R-l-AAA zoning district. The lot and existing structures meet or exceed all
the development standards for proposed zoning district. There is no development
proposal associated with the annexation request. Any future development will be
required to comply with all Land Development Regulations. Therefore, a positive finding
can be made with respect to future compliance with the Land Development Regulations.
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).
Planning and Zoning Board Staff Report
Koeser Property (13341 Barwick Road)- Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 12
Palm Beach County Notice:
On June 16, 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.
IPARC Notice:
Notice of the Future Land Use Map Amendment was also provided to the Interlocal 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:
I~1 Progressive Residents of Delray
r~ Sabal Lake
F~ President's Council
I~1 Country Manor
I~ Barwick Ranch
Q United Property Owners
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.
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its Planning and Service Area. The requested LD (Low
Density Residential - Zero to Five Dwelling Units Per Acre) Future Land Use Map
designation is Iow intensity. The application of an initial zoning designation of R-l-AAA
is consistent with the proposed FLUM designation.
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 an additional $611.00 in revenue from property taxes, in addition
to fees from stormwater assessment fees, utility taxes, and franchise fees.
Continue with direction.
Recommend approval of the Annexation, Small-Scale Future Land Use Map
amendment from County Medium Density Residential (Five Dwelling Units Per
Planning and Zoning Board Staff Report
Koeser Property (13341 Barwick Road) -Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning
Page 13
Acre) to City LD (Low Density Residential - Zero to Five Dwelling Units Per Acre)
and zoning designation of R-l-AAA (Single Family Residential District) based
upon positive findings with respect to Future Land Use Element Policy A-1.7 of
the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1,
3.2.2, and 2.4.5(D)(5), and 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.
Recommend denial of the Annexation, Small-Scale Future Land Use Map
amendment from County Medium Density Residential (Five Dwelling Units Per
Acre) to LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) and
zoning designation of R-l-AAA (Single Family Residential District), with the basis
stated.
Recommend approval of the Annexation, Small-Scale Future Land Use Map
amendment from County Medium Density Residential (Five Dwelling Units Per Acre) to
LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) and zoning
designation of R-l-AAA (Single Family Residential District) based upon positive findings
with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan
(FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and 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.
Attachments:
E! Location/Existing Zoning Map
El Existing Future Land Use Map
El Survey
This Report prepared by: Jasmin Allen, Planner
LAKE WORTH
DRAINAGE DISTRICT
FARU
BUREAU
05
BANYAN
CREEK
ELEMENTARY
SCHOOL
CF'$
~A D£~AY
LAKIr ID~ RD.
LAKE
DA ROAD
BARVI~ICK ROAD
L-31
N
~ ~ DE/RAY BEACH.
PLANNING & ZONING DEPAR~ENT
KOESER PROPER~
FUTURE LAND USE MAP AMENDMENT
FROM: COUN~ MR-5 (MEDIUM DENSI~ RESlDENTI~ - 5 UNITS PER ACRE)
TO: CI~ LD (LOW DENSI~ RESIDENTIAL, 0-5 UNITS PER ACRE)
--- DIGIT,4Z BASE MAP SYSTEM --
MAP REF Ud625
LAKE WORTH
DRAINAGE DISTRICT
FARM
BUR£AU
CANAL L-30
BANYAN
CF
BAR~KFROAD
L-31
OS
N
ClTY OF DEI. RAY BEACH, FL
PLANNING & ZONING DEPARTMENT
KOESER PROPERTY REZONING
FROM: COUNTY AR (AGRICULTURAL RESIDENTIAL)
TO: CITY R-l-AAA (SINGLE FAMILY RESIDENTIAL)
MAP REF LM623
, t
~IJBJE~,,'"T FROPERTY'$N~O~N HEREON IS ~ I~ ~ IN~ANCE
ADMINI~TION D~IGNATED F~OOD H~RD A~, F~OOD ZONE
~ PER ~HE NA~DNA~ F~O~ INStaNCE ~ MAP,
PROFESSIONAL SURVEYOR No. ~- ~'
..,,~v.,J.o'-wmuT,w~'fl,t*..ue, v,= ~d. Ld,',, LB # 64~7
Am,"ric~n Lund Sum,~L~, Inc.
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Adrmmstyattve Services
Division of Corporations
Division of Cultural Affairs
Dlvl$1Oll of Elections
Division of Historical Resources
D~vlslon of L~brary and Information Serwces
Division of Dcensmg
MEMBER OF THE FLORIDA CABINET
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
H~stonc Palm Beach County Preservation Board
H~stonc Pensacola Preservation Bo,u-d
H~stonc St Augustine Preservatmn Board
H~stonc Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservatmn Board
RINGLING MUSEUM OF ART
August 28, 2002
Ms. Barbara Garito
City Clerk
City of Dekay Beach
100 N. W. 1st Avenue
Delray Beach, Florida 33444
Dear Ms. Garito:
This will acknowledge receipt of your letter dated August 21, 2002 and copy of
Ordinance No. 35-02, annexing property to the City of Delray Beach, which was
filed in this office on August 26, 2002.
Sincerely,
Liz Cloud, Chief
Bureau of Administrative Code
LC/mp
RECEIVED
CITY CLERK
The Collins Building
FAX: (850) 245-6282 ·
BUREAU OF ADMINISTRATIVE CODE
· 107 West Gaines Street · Tallahassee, Florlda 32399-0250 · (850) 245-6270
WWW Address: http://www.dos.state.fl.us · E-Mail: electton@mail, dos. statefl us
08/21,/02 WED 16'12 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
3710
92437816
DELRAY BEACH POL
08/21 16:05
06'50
10
OK
FAX
TO:
FROM:
CITY CLERK'S OFFICE
CITY OF DELRAY BEACH
t00 N.W.t.t Ave
Delray Beach FL 33444
Tel (56t)243-7050- Fax ($61)243-3774
1993
2001
DIRECT PHONE LINE
(561) 243-7050
OUR FAX 243-3774
TOTAL NU~BER OF PAGES (including cover sheet)
Urgent For Review .fl Please Comment [] Please Reply
[] Plem Recycle
COMMENTS:
FAX
CITY CLERK'S OFFICE
CITY OF DELRAY BEACH
100 N.W. 1" Ave
D®lray B®m(:h FL 33444
Tel (561)243-7050 - Fax (561)243-3774
1993
2001
DIRECT PHONE LINE
(561) 243-7050
OUR FAX 243-3774
TOTAL NUMBER OF PAGES (including cover sheet)
[] Urgent For Review .Il Pleaae Gomment I"1 Pleame Reply
[] Please Recycle
COMMENTS:
S~cny cle~\fax 99~FaxForms doc
,08/21/02 WED 16:02 FAX 561 243 3774 CITY CLERK ~001
*** TX REPORT ***
TRANSMISSION OK
TX/RX NO 3709
CONNECTION TEL
CONNECTION ID
ST. TIME 08/21 15:56
USAGE T 05'59
PGS SENT 10
RESULT OK
92437461
FAg
TO:
FROM:
CITY CLERK'S OFFIGE
CITY OF DELRAY BEACH
t00 N.W.l.t Ave
Delrey Beach FL 33444
Tel (56t)243-7050- Fax (561)243-3774
DIRECT PHONE LINE (561) 243-7050
DELRAY BEACH
1993
2001
OUR FAX 243-3774
TOTAL NUMBER OF PAGES (including cover sheet)
[] Urgent For Review .Il Pleas~ C~mment [] Pleas~ Reply
Please Recycle
COMMENTS:
FAX
TO:
FROM:
CITY CLERK'S OFFICE
CITY OF DELRAY BEACH
'100 N.W. t,t Ave
Delray Beaoh FL 33444
Tel (55t)243-7050 - Fax (55t)243-3774
FAX NUMBER
NAME OF SENDER
DIRECT PHONE LINE
DR~YB~CH
1993
2001
OUR FAX 243-3774
TOTAL NU~ER OF PAGES (including cover sheet)
[] Urgent For Review -[3 Please Cmnment I-! Please Reply
[] Please Recycle
COMMENTS:
S~zuy c~f~ 99~FaxFom~ doc
08/21/02 WED 15'48 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
3708
915617126458
08/21 15:42
06'06
10
OK
TO:
FROM:
CITY CLERK'S OFFICE
CITY OF DELRAY BEACH
t00 N.W. l't Ave
Delray Beach FL 33444
Tel (581)243-7050- Fax (,61)243.3774
DI]t.ECT PHONE LINE (561) 243-7050
1993
2001
OUR FAX 243-3774
TOTAL NU~VIBER OF PAGES (including cover sheet)
Urgent For Review .ID Please Comment ID Please Reply
'ID PleBs4 Recycle
COMMENTS:
FAX
TO:
FROM:
CITY CLERK'S OFFICE
CITY OF DELRAY BEACH
'100 N.W. 'l,t Ave
Delrey Beach FL 33444
Tel (561)243-7050 - Fax (661)243-3'/74
D~CT PHONE L~E (561)
DELRAY BEACH
1993
2001
OUR FAX 243-3774
TOTAL NU~BER OF PAGES (including cover sh¢~)
[] Urgent For Review .I-! Please Comment I-I Please Reply
[] Please Recycle
COMMENTS:
REVISED 8/02
ORDINANCE DISTRIBUTION LIST
Lula Butler, Director of Community Improvement
Joyce 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
Joe Weldon, Director of Parks and Recreation
Larry Schroeder, Police Chief
Paul Dorling, Director of Planning
Susan Ruby, City Attorney
Richard Hasko, Director of Enviromental Services
Randall Krejcarek, City Engineer
Bill Grieve, Assistant City Engineer
Dan Beatty, Deputy Director of Public Utilities
Tina Lunsford, Support Service Administrator
Attached for your file is an executed copy of annexation Ordinance No. 35-02.
Loretta McGhee
Deputy City Clerk
S:/City Clerk/Ordinance 2002/Ordinance Dism'butmn List
08/26/02 MON 15'03 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 ***
*********************
374O
915617126458
08/26 15:02
01'14
2
OK
FAX
TO:
FROM:
CITY CLERK'S OFFICE
CITY OF DELRAY BEACH
t00 N.W.t.t Ave
Delray Beach FL 33444
Tel (5Gt)243-7080 - Fax (G6t)243-3774
NAME OF SENDER ~
DIRECT PHONE LINE
(561) 243-7050
DELRAY BEACH
1993
2001
OUR FAX 243-3774
TOTAL NUMBER OF PAGES (including covex sheet)
I-] Urgent ~or Review I-! Please Gomment E] Please Reply
f-] Please Recycle
COMMENTS:
FAX
TO:
FROM:
DELRAY BEACH
CITY CLERK'S OFFICE
CITY OF DELRAY BEACH
'100 N.W. 'l,t Ave
Delray Beach FL 33444
Tel ($$'1)243-7050 - Fax (S$'1)243-3774
$^~o~.$~ ~~~~, %, ~~
1993
2001
DIRECT PHONE LINE
(561) 243-7050
OUR FAX 243-3774
TOTAL NUMBER OF PAGES (including cover sheet)
[] Urgent ~,~or Review 0 Pleaae Comment 0 Please Reply
D Please Recyole
COMMENTS:
DISTRIBUTION LIST:
Susan Ruby, City Attorney
Lula Butler, Director of Community Improvement
George Diaz, Deputy Building Official
Richard Bauer, Code Enforcement Administrator
Kendra Graham, Community Development Coordinator
Joyce Desormeau, License Administrator
Nancy Davila, City Horticulturist
Sandy Roberts, Office Computer Specialist
Dick Hasko, Director of Environmental Services
Randal Krejcarek, City Engineer
Bill Grieve, Assistant City Engineer
blic Works
Larry Schroeder, Police Chief
Tina Lunsford, Police Dispatch
Kerry Koen, Fire Chief
Bill Adams, Fire Safety Division Chief
Joseph Safford, Finance Director
Becky O'Conner, Treasurer
Regina Frazier, Budget Administrator
Barbara Schooler, Utility Customer Service Manager
Joe Weldon, Director of Parks & Recreation
S:Plan ning/Adm~n/Anxdlst, doc
12/3/01
RECEIVED
/~tlR 2 6 2002
CiTY CLERK
Planning & Zoning Department
MEMORANDUM
TO:
FROM:
DATE:
RE:
Distribution List r/~~.,~/~.;~
Jasmin Allen, Planne
August 21, 2002
Koeser Annexation
At its meeting of August 20, 2002, the City Commission approved on second
reading and final reading an ordinance annexing a 0.88 acre parcel of land
known as the Koeser Annexation. The attached map shows the location of the
property, which is now within the municipal boundaries, and under municipal
jurisdiction. Attached for your information is the annexation brief for the subject
property, as well as Ordinance No 35-02. If you have any questions, please do
not hesitate to contact me at ext. 7044.
RECEIVED
AUG 2 6 2002
CITY CLERK
ANNEXATION BRIEF FOR THE CARUSILLO AND EVANS NORTH PROPERTY
Property Control Number:
00-42-46-12-00-000-3142
Acreage: 0.88 Acres
Taxable Value:
$76,376.00
Projected Population Increase: -2 -
Number of
Buildings
On-Site:
Owner's Address:
Bruce J and Linda R. Koeser
13341 Barwick Road
Delray Beach, FI 33445
Property Address:
13341 Barwick Road
Barwick Road, FL 33445
County Land Use Desiqnation:
MR-5 (Medium Density Residential- 5 units per
acre)
City Land Use Desiqnation:
LD (Low Density Residential 0°5 du/ac)
City Zoning Designation:
Current Use of Property:
R-l-AAA (Single Family Residential).
Single Family Residence
RECEIVED
CITY CLERK
· Complete items 1, 2, and 3. Also complete
~tem 4 if Restricted Dehvery ~s desired.
· Pnnt your name and address on the reverse
so that we can return the card to you.
i/~ttach this card to the back of the maflpiece,
on the front if space permits
,~rt~cle Addressed to
Theresa LePore, Supervise
of Elections
P.O. Box 22309
West Palm Beach, Florida
33416
2 Article Number (Copy from service label)
A~early)
C S~gnature
~ Address~ ~
D Yes
No
D. Is dehvery address d~ffemn~
If YES, enter dehvew~~~
3. Serv,c. Type ~4 ~.--'~'''~,,, I~.~_9.~
r'~'Cert~fled Mad ~ ~p~
~ Reg~ste~ ~ Return Receipt for Memhand~se
~ Insu~ Mail ~ C.O.D.
4 Restnct~ ~hv~? ~m F~) ~ Yes ~
102595-9~M-1789 ~
PS Form 3811, July 1999 Domestic Return Receipt
· 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 maflp~ece,
or on the front ~f space permits.
I Article Addressed to.
.,¢ ,- if YES, enter dehvery address below
Florida Dept. of State
T~e Collins Building
1~7 West Gaines Street
T~lahassee, Florida ~e;~l~;a,I ~ Express Mall
32399-0250 u Registered D Return Receipt for Memhand~se
~ Insur~ Marl ~ C.O.D
4 R~tnct~ Dehve~9 (E~m F~) ~ Yes
2. A~cle Number (Copy from se~/ce label)
A Received by (P/ease Pnnt Clearly)
c s,gnatubEPARTMENT OF I~nr~..
X · ~ ~ ~ [] Addressee
d~el,ver~a~:l~ss~{l~'n~m 1') [] Yes
D
[] No
PS Form 3811, July 1999
Domestic Return Receipt 102595-99-M-1789
4
· Complete ~tems 1,2, and 3 Also complete
~tem 4 ~f Restncted Dehvery 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 mailp~ece,
or on the front If space permits.
1. Article Addressed to'
A Received by (Please Pnnt Clearly) .of Dehvery
C SIg~rek ~ Agent
X d~.~t ~fro Addressee
D Is d~ve~ ~ddress m ~tem 17 I_1 Yes
[] No
If YES, enter dehvery address below
Mr. John Powell
Property Appraiser ' s OffiCe
5pl South Congress Avenuell
D~lray Beach, FLorida
33444 --
3. Service Type
I~ Cert#~ed Mad
[] Registered
[] Insured Mail
[] Express Mad
[] Return Receipt for Memhand~se
[] C.O.D
4 Restricted Delwery? fExtre Fee) [] Yes
2. Article Number (Copy from servtce label)
PS Form 3811, July 1999 Domesbc Return Receipt 102595-99-M-1789
..II Return Receipt Fee
~_~ (Endorsement Required)
r'-t Restricted Deln/ery Fee
~ (Endorsement Required)
r~ Ci~ State, Z +4 ·
Return Rec~pt Fee
Restricted Dehvery Fee ]
S~t,~t, No, or PO ~x No~, ~ ~ ~ ..... '~ ................
~3 Postage
r~-
rt-i Certified Fee
n Return Rec~pt Fee
,-=1 (Ender~m~t Required)
(Endomement Required)