28-89 Located on the east side of Military Trail,
between West Atlantic Avenue and Lake Ida
Road, approximately 2,750 feet north of
West Atlantic Avenue.
PORTION IMPROVED
PORTION UNIMPROVED
ORDINANCE NO. 28-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH A PARCEL OF LAND
LYING AND BEING IN SECTION 13, TOWNSHIP 46
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED ON THE EAST SIDE OF MILITARY TRAIL,
BETWEEN WEST ATLANTIC AVENUE AND LAKE IDA
ROAD, APPROXIMATELY 2,750 FEET NORTH OF WEST
ATLANTIC AVENUE; REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR
THE RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO SAD
(SPECIAL ACTIVITIES) DISTRICT; GRANTING
CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN
APPROVAL WITH CERTAIN CONDITIONS; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1983";
PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, The Extra Closet, LEd. is the fee-simple owner
of the property hereinafter described; and,
WHEREASi The Extra Closet, Ltd. has requested pursuant
to Agreement For Water Service dated July 1, 1986, and recorded
~ Official Record Book 4956, Page 1594, which agreement was a
~venant for annexation running with the property hereinafter
~scribed, to have the subject property annexed into the munici-
'al limits of the City of Delray Beach; and,
WHEREAS, the subject property hereinafter described is
now contiguous to the corporate limits of the City of Delray
Beach, thus making said petition for annexation effective at this
time; and,
WHEREAS, the designation of a zoning classification is
part of the annexation proceeding, and provisions of City Code
Section 173.886 have been followed in establishing the proposed
zoning designation; and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of
the Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of
Delray Beach, Palm Beach County, Florida, hereby annexes to said
City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
The South 220 feet of the West 990 feet of
the South Half (S 1/2) of the Northwest
Quarter (NW 1/4) of the Northwest Quarter (NW
1/4) of Section 13, Township 46 South, Range
42 East, Palm Beach County, Florida.
The subject property is located on the east
side of Military Trail, between West Atlantic
Avenue and Lake Ida Road, approximately 2,750
feet north of West Atlantic Avenue.
The above described parcel contains a five
(5) acre parcel of land, more or less.
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 Section 173.886 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District SAD (Special Activities)
as defined by existing ordinances of the City of Delray Beach,
Florida.
Section 4. That pursuant to Section 173.631, "SAD
Special Ac%ivities District", "Uses Allowed, Approvals", approval
for the subject property described in Section 1, above, is hereby
granted for a Dry Storage Facility in the form of a Mini-
Warehouse.
Section 5. That the development of the property
described in Section 1, above, is to be in accordance with the
approved site and development plans prepared by Kilday and
Associates, as approved by the City Commission on September 23,
1986, and stamped approved under the signature of Stan Weedon on
November 10, 1986; all of which are incorporated by reference and
made a part hereof and upon which the City has relied in granting
this approval.
Section 6. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Sections 1 and 3, hereof.
Section 7. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
Section 8. That this annexation of the subject proper-
ty, including adjacent roads, alleys, or the like, if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 9. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 10. 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 11. That this ordinance shall become effective
immediately upon passage on second and final reading.
- 2 - Ord. No. 28-89
PASSED AND ADOPTED in regular session on second and
final reading on this the 23rd day of May , 1989.
MAYOR
ATTEST ..
First Reading April 25:1989
Second Reading May 23, 1989
- 3 - Ord. No. 28o89
HIGH POINT OF DELRAY
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