Ord 55-08Ill~llllllllllll~IAIIIIIIIIIIIIIIIIIIIIIINilllll
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REf:GRUED 01/12/20419 41;11:12
Aal~a Beach Caunty~ Florida
Sharon R. Baak, t;LERK $ GG?1PTRGLLER
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ORDINANCE N0. 55-08
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
APPROXIMATELY 650 FEET SOUTH OF LINTON
BOULEVARD ON THE EAST SIDE OF THE LAKE WORTH
DRAINAGE DISTRICT (I.WDD) E-3 CANAL, AS THE SAME IS
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 FOR THE
ZONING THEREOF TO CF (COMMUNITY FACILITIES)
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
~ WHEREAS, Tenet Healthcare Corporation is the fee simple owner of a 5.47 acre parcel of land
located approximately 650 feet South of Linton Boulevard on the East side of the Lake Worth Drainage
`~ District (LWDD) E-3 Canal; and
~ WHEREAS, pursuant to the Agreement for Water and Sewer Service and Consent to Annexation
and Stormwater Management Assessment executed on March 18, 1999, the City of Delray Beach intends
_ to annex the subject property 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 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
~o
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 April 21, 2008, and voted 7 to 0 to recommend
~ that the annexation be approved with an initial zoning of CF (Community Facilities) District, based upon
_~ positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the
objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. 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:
A parcel of land situated in Section 26, Township 46 South Range 42 East, Palm Beach County,
Florida, being more particularly described as follows:
Commencing at the northeast corner of said Section 26; thence along the North line of said
Section 26, North 89° 56' 07" West a distance of 1967.73 feet to a point on the South right-of-
way line of Linton Boulevard as described in official Record Book 7818, Page 139, Public
Records of Palm Beach County, Florida, said point being a point of curvature of a curve
concave to the South having a radius of 7581.44 feet; thence along said south right-of--way line
and westerly along the arc of said curve, through a central angle of 01 ° 46' 47", a distance of
235.48 feet to anon-tangent line; thence South 00° 03' S3" West, a distance of 712.34 feet to a
point on the South line of the North 715.99 feet of said Section 26 and the Point of Beginning;
thence continue South 00° 03' S3" West, a distance of 635.69 feet to a point on the South line of
the North half of the northeast quarter of said Section 26; thence along said South line South
89° 52' S1" West, a distance of 369.21 feet to a point on the East line of the West 56.10 feet of
the northeast quarter of said Section 26; thence along said East line North 00° 31' 11" West, a
distance of 636.91 feet to a point on the said South line of the North 715.99 feet of Section 26;
thence along said South line South 89° 56' 07" East, a distance of 375.71 feet to the Point of
Beginning.
Section 3. 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.
2
CIRTI N(l 55-f1R
Section 4. That the land hereinabove described shall immediately become subject to all of the
franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the
City of Delray Beach are now or may be subjected, 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 5. That this annexation of the subject property, including adjacent roads, alleys, or the like,
if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys,
or the like, unless otherwise specifically initiated by the City pursuant to current requirements and
conditions.
Section 6. That Chapter Two of the Land Development Regulations 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 the CF (Community Facilities) Zoning District as defined be existing ordinances
of the City of Delray Beach.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 8. 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 9. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to zoning, upon the effective date of
Ordinance No. 17-08, under which official land use designation of CF (Community Facilities) is
affixed to the subject parcel herein described.
PASSED AND ADOPTED in regular session on second and final reading on this the 9~'
day of December. 2008.
I~~
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ATTEST: MAYO R
City Clerk
First Readin \~ ~~ ~~~~
Second Readin Z Z O~
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CIRTI N(l ~i5_(1R
-- ~~'~ ~+`~ A[AP ~~ ~- MAP REf: S:\Pfonning &Zoning\DBkS\Cle-Cob\Z-lM 1007-1500\LM1064~NR OAKS HO~RAL
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_,..~~, SUBJECT PROPERTY FAIR OAKS HOSPITAL
PLANNING AND ZONING LOCATION MAP
QEPAR7MEN7
Palm Beach County
Annexation Information Sheet
The following information regarding each proposed annexation is requested to be submitted (via fax,
email, or in writing) to the Counfy Administrator and Planning Director within 10 days of receipt of a
petition for Voluntary Annexation (as established by PBC Ordinance No. 2005-006), or within the
timeframes established by Chapter 171, F.S., for other types of annexation. The County shall reply to the
municipality with respect to the proposed annexation's consistency with Ord. 2005-006 or Chapter 171,
F.S., (whichever is applicable) within 21 days of receipt. The County's reply shall also identify whether
the proposed annexation is located within the Unincorporated Protection Area and/or within an
Unincorporated Rural Neighborhood. Annexations are posted within 5 days of receipt on this web page:
http://www. pbcgov. com/pzb/Planning/annexations/annexations05. htm
Annexation Name Fair Oaks Hospital
Annexation Type City Initiate Annexation, Land Use Map Designation, and Rezoning
Acres 5.47
Location South Side of Linton Boulevard, apex. 2,150 feet west of Military Trail
Existing Use Hospital complex
Proposed Use Hospital complex
County Future Land Use INST/18 (Institutional with an underlying high residential 18 units
per acre)
County Zoning IPF (Institutional and Public Facilities)
City Future Land Use CF (Community Facilities)
City Zoning CF (Community Facilities)
First Reading (if known) November 18, 2008
Second Reading (if known) December 9, 2008
Ordinance Num. (if known) Ordinance No. 55-08
Location Map (See Attached)
PCNs 00-42-46-26-00-000-1200
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DELRAY BEACH, FLORIDA 33444
CERTIFICATION
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561/243-7000
I, CHEVELLE D. NUBIN, CMC, City Clerk of the City of Delray
Beach, do hereby certify that the attached was massed and adopt d by the
copy of Ordinance No. 55-08, as the same p
Delray Beach City Commission in regular session on the 9th day of December,
2008.
IN WITNESS WHEREOF, I have her idat onethm the d th day of
official seal of the City of Delray Beach, Flor ,
December, 2008.
Chevelle D. Nubin, CMC
City Clerk
City of Delray Beach, Florida
SERVICE PERFORMANCE INTEGRITY RESPONSIBLE INNOVATIVE TEAMWORK
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: December 3, 2008
SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF DECEMBER 9 2008
ORDINANCE NO.55-08
ITEM BEFORE COMMISSION
This ordinance before Commission for second reading is consideration of aCity-initiated annexation
and initial zoning of CF (Community Facilities) for Fair Oaks Hospital. The affected property is located
south of Linton Boulevard, approximately 2,150 feet west of Military Trail, and contains approximately
5.47 acres.
BACKGROUND
At the first reading on November 18, 2008, the Commission passed Ordinance No. 55-08.
RECOMMENDATION
Recommend approval of Ordinance No. 55-08 on sec
MEMORANDUM
T0: Mayor and City Commissioners
FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH: CITY MANAGER
DATE: November 12, 2008
SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008
ORDINANCE NO. 55-08
ITEM BEFORE COMMISSION
The item before the Commission is consideration of aCity-initiated annexation and initial
zoning of CF (Community Facilities) for Fair Oaks Hospital. The affected property is located
south of Linton Boulevard, approximately 2,150 feet west of Military Trail, and contains
approximately 5.47 acres.
The property under consideration is an unplatted 5.47 acre parcel which contains a 59,420
sq. ft. hospital, known as Fair Oaks Hospital. On February 3, 1981, an Agreement for water
and sewer service was executed for the subject property as well as the adjacent Delray
Medical Center, medical office and shopping center developments. The facility was
constructed in 1983, and City water and sewer facilities were extended to the development.
On March 18, 1999, the Agreement for water and sewer service was amended and included
paragraphs which gave consent for future annexation and a storm water assessment fee. The
Agreement was processed in conjunction with a proposal to expand Delray Medical Center.
The agreement stated that the overall development will be annexed in phases with the
shopping center to be annexed by March 31, 2001 (completed), Delray Medical Center by
2005 (completed), Fair Oaks Hospital by 2008 (subject project), and the Lago Vista property
by 2011.
The City is processing a concurrent FLUM (Future Land Use Map) amendment from County
INST to City CF which is included as part of Comprehensive Plan Amendment 20082 which
will be considered by the City Commission on December 9, 2008.
REVIEW BY OTHERS
The Planning and Zoning Board considered the request at their April 21, 2008 meeting and
unanimously (7-0) recommended approval.
Palm Beach County Notice:
On February 14, 2008, the Palm Beach County Planning Division was notified of the City's
intent to annex this property. The City received a response from the County on March 17,
http://miweb001/Agendas/Bluesheet.aspx?ItemID=1679&MeetingID=156[12/3/2008 2:15:41 PM]
2008 in which the County acknowledged the request was consistent with Chapter 171 F.S.
and they had no objection.
Tnterlocal Plan Amendment Revie~~~ Committee (IPARC) No i
Notice of the Future Land Use Map Amendment was also provided to IPARC which distributes
the information to adjacent municipalities. To date, no objections have been received.
Courtesy Notice:
A courtesy notice was sent to the Neighborhood Advisory Council.
Public Notice:
Formal public notice has been provided to the property owner and to property owners within
a 500' radius of the subject property. We have received no letters of objection or support.
RECOMMENDATION
By motion, approve the City initiated annexation, and initial zoning designation of CF for Fair
Oaks Hospital, by adopting the findings of fact and law contained in the staff report, and
finding that the request is consistent with the Comprehensive Plan, meets the criteria set
forth in Sections 2.4.5(C)(4), 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development
Regulations, and complies with Florida Statutes Chapter 171.
http://miweb001/Agendas/Bluesheet.aspx?ItemID=1679&MeetingID=156[12/3/2008 2:15:41 PM]
ORDINANCE NO. 55-08
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
APPROXIMATELY 650 FEET SOUTH OF LINTON
BOULEVARD ON THE EAST SIDE OF THE LAKE WORTH
DRAINAGE DISTRICT (LWDD) E-3 CANAL, AS THE SAME IS
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 FOR THE
ZONING THEREOF TO CF (COMMUNITY FACILITIES)
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Tenet Healthcare Corporation is the fee simple owner of a 5.47 acre
parcel of land located approximately 650 feet South of Linton Boulevard on the East side of
the Lake Worth Drainage District (LWDD) E-3 Canal; and
WHEREAS, pursuant to the Agreement for Water and Sewer Service and Consent to
Annexation and Stormwater Management Assessment executed on March 18, 1999, the City
of Delray Beach intends to annex the subject property 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 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 April 21, 2008, and voted 7
to 0 to recommend that the annexation be approved with an initial zoning of CF (Community
Facilities) District, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and
Zoning Board, sitting as the Local Planning Agency, has determined that the changes are
consistent with and furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the
findings in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the
ordinance is consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. 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:
A parcel of land situated in Section 26, Township 46 South Range 42 East, Palm
Beach County, Florida, being more particularly described as follows:
Commencing at the northeast corner of said Section 26; thence along the North line
of said Section 26, North 89° 56' 07" West a distance of 1967.73 feet to a point on
the South right-of-way line of Linton Boulevard as described in official Record Book
7818, Page 139, Public Records of Palm Beach County, Florida, said point being a
point of curvature of a curve concave to the South having a radius of 7581.44 feet;
thence along said south right-of-way line and westerly along the arc of said curve,
through a central angle of 01 ° 46' 47", a distance of 235.48 feet to anon-tangent
line; thence South 00° 03' 53" West, a distance of 712.34 feet to a point on the
South line of the North 715.99 feet of said Section 26 and the Point of Beginning;
thence continue South 00° 03' 53" West, a distance of 635.69 feet to a point on the
South line of the North half of the northeast quarter of said Section 26; thence along
said South line South 89° 52' S1" West, a distance of 369.21 feet to a point on the
East line of the West 56.10 feet of the northeast quarter of said Section 26; thence
along said East line North 00° 31' 11" West, a distance of 636.91 feet to a point on
the said South line of the North .715.99 feet of Section 26; thence along said South
line South 89° 56' 07" East, a distance of 375.71 feet to the Point of Beginning.
2
ORD. NO 55-08
Section 3. 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 4. That the land hereinabove described shall immediately become subject to
all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be subjected, 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 5. That this annexation of the subject property, including adjacent roads,
alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance
responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the
City pursuant to current requirements and conditions.
Section 6. That Chapter Two of the Land Development Regulations 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 the CF (Community Facilities) Zoning
District as defined be existing ordinances of the City of Delray Beach.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 8. 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 9. That this ordinance shall become effective as follows: As to
annexation, immediately upon passage on second and final reading; as to zoning,
upon the effective date of Ordinance No. 17-08, under which official land use
designation of CF (Community Facilities) is affixed to the subject parcel herein
described.
PASSED AND ADOPTED in regular session on second and final reading on
this the day of , 20
3
ORD. NO 55-08
ATTEST
City Clerk
First Reading
Second Reading
MAYOR
ORD. NO 55-08
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: April 21, Zoos
AGENDA ITEM: Iv. A. 2.
ITEM: City Initiated Future Land Use Map Amendment From County - ENST (Institutional}
To City - CF {Community Facilities) and Associated Annexation (Via the Provisions
of the Executed Water Service Agreement and Consent To Annexation) With Initial
Rezoning to CF (Community Facilities) For Fair Oaks Hospital Located on the South
Side of Linton Boulevard, Approximately 2,150 Feet west of Military Trail. (Quasi-
Judicial Hearing)
GENERAL DATA:
Owner ......................................... Tenet Healthcare Corporation
Applicant ..................................... David T. Harden, City Manager
City of Delray Beach
~ocation ...................................... South side of Linton Boulevard,
approximately 2,150 feet west of
Military Trail.
Property Size .............................. 5.47 Acres
Existing County F.L.U.M.
Designation ................................ County INST (Institutional)
Proposed City F.L.U.M.
Designation ................................. CF (Cammunity Facilities)
Existing County Zoning ............... County IPF (Institutional and
Proposed City Zoning .................
Adjacent Zoning ................North:
East:
South:
West:
Existing Land Use ..... .................
Proposed Land Use ... .................
Water Service ............ .................
Sewer Service ............ .................
Public Facilities)
CF {Community Facilities)
P.B. County RM/SE
City CF (Community Facilities)
P.B. County RS/SE
P.B. County PUD
Hospital Complex
Hospital Complex
Existing on site
Existing on site
1V. A. 2.
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The action before the Board is that of making a recommendation on aCity-initiated Annexation, Future
Land Use Map Amendment from County INST (Institutional} to City CF (Community Facilities) with initial
zoning of CF (Community Facilities) for Fair Oaks Hospital. The affected property is located on the
south side of Linton Boulevard, approximately 2,150 feet west of Military Trail, and contains
approximately 5.47 acres.
LDR Sections 2.4.5 (A), (C} and (D} provide rules and procedures for the processing of this petition.
Pursuant to LDR Section 2.2.2{E), the Local Planning Agency (Planning and Zoning Board} shall review
and make a recommendation to the City Commission with respect to all amendments to the City's Future
Land Use Map.
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The property under consideration is an unplatted 5.47 acre parcel which contains a 59,420 sq. ft.
hospital, known as Fair Oaks Hospital. On February 3, 1981, an Agreement for Water and Sewer Service
was executed for the subject property as well as for the adjacent Delray Medics! Center, medical office
and shopping center developments. The facility was constructed in 1983, and City water and sewer
facilities were extended to the development. On March 18, 1999, the Agreement for Water and Sewer
Service was amended and included paragraphs, which gave consent for future annexation and a s#orm
water assessment fee. The Agreement was processed in conjunction with a proposal to expand the
medical center. The agreement stated that the overall development will be annexed in phases with the
shopping center to be annexed by March 31, 2001 (completed), Delray Medical Center by 2005
(completed}, Fair Oaks Hospital by 2008 (subject project), and Lago Vista property by 2011.
The City is processing the FLUM (Future Land Use Map) amendment from County INST to City CF and
the Annexation with initial zoning of CF, pursuant to the referenced agreement.
This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits
for consideration of plan amendments (F.S. 163.3187).
REQUIRED FINDINGS:
LDR (CHAPTER 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use 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, written materials submitted by the applicant, the staff
report, or minutes. Findings shall be made by the body which has the authority to approve ar
deny the development application. These findings relate to the Future Land Use Map [Section
3.1.1(A)], Concurrency [Section 3.1.1(B)], Comprehensive Plan Consistency [Section 3.1.1 (C}],
and Compliance with the Land Development Regulations [Section 3.1.1(D)].
Future Land Use Maa: The resulting use of land or structures must be allowed in the zoning
district within which the land is situated and said zoning must be consistent with the applicable
land use designation as shown on the Future Land Use Map.
The accompanying annexation and initial zoning application is seeking a CF (Community Facilities)
zoning district. The proposed CF Future Land Use Map designation is consistent with the proposed CF
zoning designation. The existing hospital is allowed as a conditional use within the CF zoning district
[ref. LDR Section 4.4.21(D)(1)). Based upon the above, positive findings can be made with respect to
Future Land Use Map consistency.
P&Z Board Staff Report
Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF
The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regulations are discussed below.
Future Land Use Element Policv 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, or similar circumstances. The need
must be supported by data and analysis verifying the changing demographics or other
circumstances. This requirement 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 CF (Community Facilities) FLUM designation is being applied. The proposed City CF FLUM
designation is consistent with the County INST FLUM designation.
^ Consistency -- The requested designation is consistent with the goals, objectives, and
policies of the most recently adopted Comprehensive Plan.
The request is to apply the advisory CF FLUM designation, which was applied to this property with
adoption of the Comprehensive Plan and Future Land Use Map in 1989. Thus, the designation is
consistent with the goals, objectives, and policies of the Comprehensive Plan.
^ Concurrency -- Development at the highest intensity possible under the requested
designation can meet the adopted Concurrency standards.
In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the
entire planning and service area were considered in the overall land use pattern, assessment of level of
service, the provision of services, and meeting remaining land use needs. The proposed CF designation
is of the same intensity as the existing County INST designation. Thus, the act of officially adopting the
City's Community Facilities {CF) Future Land Use Map designation has no negative impact with respect
to level of service standards.
^ Compatibility --The requested designation will be compatible with the existing and future land
uses of the surrounding area.
North: North of the subject property contains the Lago Vista Rehabilitation Facility and it has a County
Future Land Use Map designation of INST/8 (Institutional, with an underlying High Residential-8 units per
acre), and an advisory City FLUM designa#ion of CF (Community Facilities).
South: The abutting property to the south has a County Future Land Use Map designation of MR-5
(Medium Residential, 5 units per acre) and is zoned RS/SE (Single Family Residential). The existing use
of the property is the Country Lake Subdivision.
East: The property to the east, has a City Future Land Use Map designation of CF (Community Facility)
and is zoned CF (Community Facility). The existing use is the Delray Medical Center.
2
P&Z Board Staff Report
Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF
West: The property to the west contains the Addison Trace residential subdivision and has a County
Future Land Use Map designation of MR-5 (Medium Density- 5 units per acre) and a County zoning
designation of PUD (Planned Unit development).
The existing hospital complex has co-existed with the surrounding developments for many years. The
application of the advisory CF Future Land Use Map designation to the existing community facilities
property is compatible with existing and future land uses of the surrounding area. Site specific
compatibility of future development with the adjacent developments will be addressed at the time of site
and development plan review of future development proposals.
^ Compliance -- Development under the requested designation wil[ comply with the provisions
and requirements of the Land Development Regulations.
There is no development proposal associated with the Annexation, FLUM amendment, and initial zoning
requests. Compliance with the Land Development Regulations will be addressed with future
development proposals. There are no problems anticipated with the ability to comply with the Land
Development Regulations.
Land Development Regulations Governing Annexations:
Pursuant to the LDR Section 2.4.5 {C)(1), the City may initiate an annexation of private property if said
right has been delegated via provisions of a water service agreement or other agreement to that end.
The City initiated annexation is pursuant to the Agreement for Water and Sewer Service and Consent to
Annexation and Stormwater Management Assessment executed on March 18, 1999.
CONSISTENCY WITH THE CITY COMPREHENSIVE PLAN:
Designated Annexation Area: Pursuant to Future Land Use Element Policy B-3.5, the property to be
annexed is located within "Annexation Area B", southwest corner of Linton Boulevard and Military Trail.
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 and are provided.
Police: This property is currently serviced by the Palm Beach County Sheriffs Office, located at 345
South Congress Avenue, which serves the South County area. The property lies within Sheriff patrol
zone 9. Zone 9 is bordered by Jog Road on the west, the Atlantic Ocean on the east, Atlantic Avenue on
the north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift
(three shifts per day). Additional response can be accommodated by "Cover Cars" which roam
throughout zones randomly, depending on their availability in South County during that time.
The City of Delray Beach Police Department has 15 cars per shift patrolling a 15 square mile area; and,
as a consequence, significantly improved response time should be realized. City police currently pass
the property while patrolling areas of the City to the east of the property.
Fire and Emergency Services: The annexation of this property will not require additional manpower.
The adjacent municipal area is served by Fire Station No. 5 (Linton Boulevard & Germantown Road}.
With annexation, the property will receive an improvement in response time from the current 3.5 minutes
of the County Fire Department (Pheasant Walk Station) to approximately 1.5 minutes for the City Fire
Department (Fire Station No. 5).
3
P&Z Board Staff Report
Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF
Police and Fire Personnel Needs: This annexation does not directly generate the demand for
additions[ Police and Fire personnel. However, this annexation in conjunction with the recent
annexations of Country Club Acres, The Colony, Bexley Park and the Delray Medical Center as well as
the redevelopment that has occurred in the City, have generated additional demands for personnel from
both the Police and Fire Rescue Departments. These needs have been addressed through the City
budgetary process.
Water and Sewer: The existing development is connected to the City municipal water and sewer
system, via 8" and 10" water mains, and 8" sewer mains. As part of the Agreement for Water and Sewer
Service in 1981, these mains were extended to the site.
Streets: This property has direct access to Linton Boulevard through the adjacent Delray Medical
property, and to Military Trail via an access tract through Palm Court Plaza. The portion of Military Tail
immediately adjacent to the Wal-Mart and Palm Court Plaza is under the jurisdiction of the City of Delray
Beach, while the maintenance responsibility remains with Palm Beach County. Linton Boulevard is
under Palm Beach County jurisdiction. The jurisdictional responsibility and the associated maintenance
responsibility will not change with this annexation.
As the property is currently developed as a hospital, there will be no change with respect to traffic. With
any proposals for building additions, traffic will be evaluated.
Parks and Open Space: The existing institutional development does not have an impact with respect to
this level of service standard. It is noted, however, that the City currently provides approximately 8 acres
per 1,000 residents of recreation space, which far exceeds the desired standard of 3 acres per 1,000
residents established in the Comprehensive Plan.
Solid Waste: As there is no change in actual land use, there is no impact on solid waste disposal. The
service provider will remain the same, as described later in this report.
Financial Impacts:
Effect Upon Annexed Propefir:
NOTE: The following analysis includes the Fair Oaks Hospital facility, which is being considered
for annexation at this tlme. Palm Beach County Property Appraiser's records include Fair Oaks
and the Delray Medical Center as one parcel, which has one property control number (Tax i.D.
Number). Thus, the County's assessment incorporates all the improvements within the parcel.
Prior to annexation, the two facilities will need to have their own property control numbers. The
following is provided for illustration purposes and are estimates based upon the current
situation. The actual fiscal impacts will be less than indicated below.
For the 2007 tax year, Fair Oaks Hospital had an assessed value of $4,191,198. With the change from
County to City jurisdiction, the following taxes and rates will be affected:
Taxes
Fire/Rescue MSTU
Library
City of Delray Beach
City of Delray Beach Debt
Mlllage With Annexation
2.7794 Deleted (County)
.4970 Deleted (County)
6.1449 Added (City)
.4334 Added (City)
3.3019 Difference*
* Total tax millage in the County is 16.7916 mills, while in the City the total millage rate is 20.0935 mills.
4
P&Z Board Staff Report
Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF
The current yearly Ad Valorem taxes are $70,376.93. With annexation the yearly Ad Valorem taxes will
be $84,215.83, a tax difference of $13,838.90. 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. As the property contains a
nonresidential use, this assessment would be imposed in the amount of approximately $848.34 (33%
Impervious= 78,63012502 X $54.00/50%). A further increase based upon new impervious surfaces will
be realized with future development/redevelopment of the site.
Solid Waste Authority -The South Military Trail annexation area is serviced by Waste Management
(pursuant to a contract awarded on October 1, 2003), and the City's contract is currently through Waste
Management. Therefore, the waste service provider will remain with Waste Management upon
annexation.
Business Tax Receipts -The hospital has a county business tax license. With the annexation, the
hospital must obtain a Business Tax license from the City, in addition to the County's license. The City
license fee is $149.10.
Water/Sewer Rates -The Fair Oaks Hospital is currently served by municipal water and sewer.
Properties not located within the City that receive City water and sewer service are assessed an Out-of
City surcharge. Under that scenario, annexation of properties receiving municipal water would see a
25% reduction in water and sewer rates. Thus, the hospital will experience a decrease in water and
sewer rates. In conjunction with the amendment to the agreement in 1999, an "Agreement and General
Release" was included whereas the City agreed to make certain reimbursements for use of certain water
lines, mains and lift stations installed by the developers. The City. would, pay a total of $224,735.00 to
cover the reimbursements set forth in the water/sewer agreement entered into by the parties in February
1981. The payment was divided into five equal payments of $44,947.00 fora 5 year period commencing
March 1, 2001. These payments have been completed and the City financial obligations in this regard
have been satisfied.
Resulting Impacts to Property Owner:
.. ..i.. .___ _ ~~.i ~j- y~ _
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Ill::ti#in:1::U ~«. w.: ~~'.Ws[~:~•'i~::t: ' . 1 : t ~ _,. ~. '. .. 1 1 4 ~ Ate. 17.. t ~ 1;~~~»t~«t.__ _
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...!i..«. ~..~. ..i isms ['- i. :i>.J~Y4~~_._~... ~~~ ~~ .... ~ ,`, r« r - «s_ a ...,f ~~
_...mn::r..:r.:...1Tzu::r.::an. r..,.xm:rs .._:x.c_.:._._. '~ .i:.:«.......r..««.. ':r:Y.t.~:_. .... `:r.
FINANCIAL CONSIDERATIONS
AD VALOREM TAXES
(Change from 2007/2008 County of 16.7961 to City 2007/2008 $ 13,838.90
rate 20.0935 mills 3.3019 .
NON AD VALOREM
Stormwater Assessment $ 848.34
BUSINESS TAX LICENSE FEES $149.10
ANNUAL FINANCIAL IMPACT: $14,836.34
• Water and Sewer fees will decrease with annexation, and is based upon consumption.
5
P&Z Board Staff Report
Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF
FIRE RESPONSE + Faster response time from (estimated time) 3.5 minutes (County)
to 1.5 minutes (City)
EMS + Faster response time from (estimated time) 3.5 minutes
(County) to 1.5 minutes (City) 6.0 minutes (County} to 1.5
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 2008/2009 City operating millage rate of 6.1449 mills and debt rate of
0.4334 mills, the property will generate approximately $27,570.96 in new Ad Valorem taxes per year.
Additional revenues will be realized through increased assessment value, the annual collection of the
stormwater assessment fee, business tax fees, as well as utility taxes (9.5% electric, 7% telephone,
8.7% gas) and franchise #ees on electric, telephone, gas, and cable.
REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5{C){4), the City Commission must make
findings that the annexation is consistent with Objective 6-3 of the Future Land Use Element, and
complies with F.S. 171.
As stated above, the subject property is located within designated annexation Area B. Its annexation is
consistent with Objective B-3 of the Future Land Use Element. Also, the annexation complies with
Florida Statute Section 171 as it pertains to annexations. The property is contiguous, reasonably
compact and does nat create an enclave: and, services will be provided to the property in a manner
similar to other similar properties within the City.
REQUIRED FINDINGS (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to 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, written materials submitted by the applicant, 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 Future Land Use Map,
Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously
discussed under the "Future Land Use Map Amendmenf 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 Determining 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 overal! consistency [Section 3.1.1(C)j 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.
6
P&Z Board Staff Report
Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF
Section 3.2.2 {Standards for Rezoning Actions): Standard A, B, C, and E are not applicable with
respect to this rezoning request. The applicable performance standard 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 exis# to properly mitigate adverse impacts from the new use.
Compatibility is not a concern as the property currently contains the Fair Oaks hospital which has
existed at this location since 1983. The initial CF (Community Facilities) zoning designation will
accommodate the existing hospital as a conditional use. There is no development proposal
associated with this request. Compatibility of any future development proposals with the adjacent
developments will be appropriately addressed with review of a site and development plan request
and/or a conditional use request, if necessary.
Section 2.4.5(D)(5) (Rezoning Findings):
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 caught. These reasons include the following:
a. 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;
c. That the requested zoning Is of similar intensity as allowed under the Future Land Use Map
and that it is mare appropriate for the property based upon circumstances particular #a the
site and/or neighborhood.
The basis for which the rezoning should be granted relates to Item "b", and Item "c". The property is in
the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve
annexation area. The annexation requires that an appropriate City zoning designation be applied to the
property. The CF zoning designation is of similar intensity as that allowed under the proposed City CF
and existing County INST land use designations.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The property development is allowed under the proposed CF zoning districts. With review of the
annexation request, a site visit was conducted and no apparent code violations exist. Any future
development will be required to comply with the Land Development Regulations.
x~-_.._.... ...._ ...:.:..~... .. --
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.}s.,.._~,_...:c::m~..n;.r}?r}:: ^?9:3::a ~::!c:~n:,}:''.7s:u?SGc!s;yanunu~}~k?,}s.~?:`:~x.:-.aa-~r -u . ~ ~:..:.._....-~..-.._.._ .::.. "..: r.a 2 ,.:-:,..,:. rua.i:..rrr:uu.:vsasr-~-.cos:oa:~ar.:::ca__;en:c.:...r.., - _..i..:c::::::c':
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 February 14, 2008, the Palm Beach County Planning Division was notified of the City's intent to
annex this property. The City received a response from the County on March 17, 2008 in which the
county acknowledged the request was consistency with Chapter 171 F.S. and they had no objection.
7
P&Z Board Staff Report
Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF
IPARC Notice:
Notice of the Future Land Use Map Amendment was also provided to the Interiocal Plan Amendment
Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, no
objections have been received.
Courtesy Notice:
Courtesy notices were sent to the following homeowners associations and civic associations:
Neighborhood Advisory Council
Public Notice:
Formal public notice has been provided to the property owner and to property owners within a 500'
radius of the subject property. Letters of objection and support, if any, will be presented at the Planning
and Zoning Board meeting.
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orcc[:r..:ro:Ir.-:::r>rcrur.:m[:[rer~:-_:rv::~::_::.~2ri•ir:•r-~:::~::tss •.. ~ ~.f,~.+x.~y'. .{:1~--~. -S,j:l.~~y.~,l?•i/.r.=?~i:.`.::::.r.::clltu ~^[i2iifdr4:en:[.rs.krcx.c._-_.~-r:zn..:T._::r.»»=~
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.._.__........._..___._..___...r""""".._._.__..._...._.__.....ar_..MS..,.r _.~. .. .... .. .. ......:........>...._,............._._.,.r........__..__._.s............_.._...,.~................_.:~.._..°""2'. tt_.u. . ..: SiT:r..ic-:~i':
Positive findings can be made with respect to Future Land Use Eiement Policy A-1.7 of the
Comprehensive Plan, and Sections 3.1.1 and 3.2.2 of the Land Development Regulations, and the
policies of the Comprehensive Plan. The change is to a designation allowing a similar intensity to that
which exists, and allowed under the existing County land use designation.
Accommodating the annexation of this property and affixing an initial City zoning designation of CF
(Community Facilities) is consistent with the City's program far annexation of territory within its Planning
and Service Area. The CF zoning designation is consistent with the existing use of the property. The
annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. An
increase in taxes and stormwater assessment fees will result. Positive findings can be made with
respect to LDR Section 2.4.5(C){4} and 2.4.5(D)(5), which relate to required findings for Annexations and
Rezonings.
The City will receive additional revenue from property taxes, and stormwater assessment fees, which
will result in a net increase to the City. In addition, revenues will be received from utility taxes and
franchise fees.
ur. _-:..y_:r_:a::rv.•,y:f.: ur~3 rr`gngn;L:B".dt^..... c. _- ;~.,, - - .s'r.'~'^':~-~i~^n:= r :.. c:;.r - -- -a:::~~ ::,- -
1> arr~ ~1;:•t ~; ,;>. • .;:~.^ ~ vr~~!: ~ ._~-~=_~,,.~~ ~_,~._~~ ":. ~ ~ _~•~r~• ~•~"";~3,...~`a~"~~~.a"-T.'r'^~,r~_,t''' ~ ~~,~5~- _.:~-~i'~1~?
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the City initiated Annexation, Future
Land Use Map amendment from County INST to City CF (Community Facilities) and initial zoning
designation of CF for Fair Oaks Hospital, by adopting the findings of fact and law contained in the
staff report, and finding fihat the request is consistent with the Comprehensive Plan, and meets the
criteria set forth in Sections 2.4.5(C)(4), 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development
Regulations, complies with Florida Statutes Chapter 171.
C. Move a recommendation of denial to the City Commission for the City initiated Annexation, Fu#ure
Land Use Map amendment from County INST to City CF (Community Facilities) and initial zoning
designation of CF for Fair Oaks Hospital, by adopting the findings of fact and law contained in the
staff report, and Ending that the request is inconsistent with the Comprehensive Plan, and does. not
meet the criteria set forth in Sections 2.4.5(C)(4), 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land
Development Regulations, and does not comply with Florida Statutes Chapter 171.
8
P&Z Board Staff Report
Fair Oaks Hospital -Future Land Ilse Map Amendment & Annexation with Initial Zoning of CF
n.,-s. ^.IS"r •u+ ^ ss~~n,,,,o,~~}}jj~~r3 ~ -.. p~.z o.. _ - -.• y ..: ..;(~`~~ as '."a~ • _ti ~ "`a' S`'tiT.-''':rF'~:4:Tr-•~'',.grcaafir::.,~''~~i."~~kz:~sa^---:?=^'?1 :-r,ri
'z~~~^.~,.~f;~i;~i~r u~r.fx7~,`~b dha":a~y. 4,aJ j r z .. : ~~a Y °t' ~i r ,r~ <. ~^~ 'ass!
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: ,.:, a.. •arhsux.^ad.:._ ~ ~+.rs-...,:-_~r....r:.- .....~... t... _ b ~ F .:i~ `~ :..: , +F Y: F ..
Move a recommendation of approval to the City Commission for the City initiated Annexation, Future
Land Use Map amendment #rom County INST to City CF (Community Facilities) and initial zoning
designation of CF for Fair Oaks Hospital, by adopting the findings of fact and law con#ained in the staff
report, and finding that the request is consistent with fhe Comprehensive Plan, and meets the criteria set
for#h in Sections 2.4.5(C)(4), 2.4.5(D)(5}, 3.1.1, and 3.2.2 of the Land Development Regulations,
complies with Florida Statutes Chapter 171.
Attachment:
^ Zoning Map
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PLANNING AND ZONING
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DELRAYBEACH C~~ 1( w~~~~
v (~ 100 N.W. 1st AVENUE • DELRAY BEACH, FLORIDA 33444 • 561/243-7000
All-America City
1
1993
Zool December 11, 2008
NOTIFICATION OF ANNEXATION
Please find a copy of Ordinance No. 55-08 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 December 9, 2008. Ordinance 55-
08 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) 243-7059.
Sincerely,
C~~7 ~~
Chevelle D. Nubin, CMC
City Clerk
Attachments: Ordinance No. 55-08
Annexation Brief
SERVICE PERFORMANCE INTEGRITY RESPONSIBLE 'INNOVATIVE 'TEAMWORK
ORDINANCE NO. 55-08
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
APPROXIMATELY 650 FEET SOUTH OF LINTON
BOULEVARD ON THE EAST SIDE OF THE LAKE WORTH
DRAINAGE DISTRICT (LWDD) E-3 CANAL, AS THE SAME IS
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 FOR THE
ZONING THEREOF TO CF (COMMUNITY FACILITIES)
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Tenet Healthcare Corporation is the fee simple owner of a 5.47 acre parcel of land
located approximately 650 feet South of Linton Boulevard on the East side of the Lake Worth Drainage
District (LWDD) E-3 Canal; and
WHEREAS, pursuant to the Agreement for Water and Sewer Service and Consent to Annexation
and Stormwater Management Assessment executed on March 18, 1999, the Ciry of Delray Beach intends
to annex the subject property into the municipal limits of the City of Dekay 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 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 April 21, 2008, and voted 7 to 0 to recommend
that the annexation be approved with an initial zoning of CF (Community Facilities) District, based upon
positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the
objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the Ciry of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Ciry 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:
A parcel of land situated in Section 26, Township 46 South Range 42 East, Palm Beach County,
Florida, being more particularly described as follows:
Commencing at the northeast corner of said Section 26; thence along the North line of said
Section 26, North 89° 56' 07" West a distance of 1967.73 feet to a point on the South right-of-
way line of Linton Boulevard as described in official Record Book 7818, Page 139, Public
Records of Palm Beach County, Florida, said point being a point of curvature of a curve
concave to the South having a radius of 7581.44 feet; thence along said south right-of--way line
and westerly along the arc of said curve, through a central angle of Ol ° 46' 47", a distance of
235.48 feet to anon-tangent line; thence South 00° 03' S3" West, a distance of 712.34 feet to a
point on the South line of the North 715.99 feet of said Section 26 and the Point of Beginning;
thence continue South 00° 03' 53" West, a distance of 635.69 feet to a point on the South line of
the North half of the northeast quarter of said Section 26; thence along said South line South
89° 52' 51" West, a distance of 369.21 feet to a point on the East line of the West 56.10 feet of
the northeast quarter of said Section 26; thence along said East line North 00° 31' 11" West, a
distance of 636.91 feet to a point on the said South line of the North 715.99 feet of Section 26;
thence along said South line South 89° 56' 07" East, a distance of 375.71 feet to the Point of
Beginning.
Section 3. That the boundaries of the City of Dekay 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.
2
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Section 4. That the land hereinabove described shall immediately become subject to all of the
franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the
City of Delray Beach are now or may be subjected, 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 5. That this annexation of the subject property, including adjacent roads, alleys, or the like,
if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys,
or the like, unless otherwise specifically initiated by the City pursuant to current requirements and
conditions.
Section 6. That Chapter Two of the Land Development Regulations 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 the CF (Community Facilities) Zoning District as defined be existing ordinances
of the City of Delray Beach.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 8. 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 9. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to zoning, upon the effective date of
Ordinance No. 17-08, under which official land use designation of CF (Community Facilities) is
affixed to the subject parcel herein described.
PASSED AND ADOPTED in regular session on second and final reading on this the 9`''
day of December. 2008.
ATTEST:
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SUBJECT PROPERTY FAIR OAKS HOSPITAL
PLANNING AND ZONING LOCATION MAP
" DEPARTMENT
Palm Beach County
Annexation Information Sheet
The following information regarding each proposed annexation is requested to be submitted (via fax,
email, or in writing) to the County Administrator and Planning Director within 10 days of .receipt of a
petition for Voluntary Annexation (as established by PBC Ordinance No. 2005-006), or within the
timeframes established by Chapter 171, F.S., for other types of annexation. The County shall reply to the
municipality with respect to the proposed annexation's consistency with Ord. 2005-006 or Chapter 171,
F.S., (whichever is applicable) within 21 days of receipt. The County's reply shall also identify whether
the proposed annexation is located within the Unincorporated Protection Area and/or within an
Unincorporated Rural Neighborhood. Annexations are posted within 5 days of receipt on this web page:
http://www. pbcgov. com/pzb/Planning/annexations/annexations05. htm
Annexation Name Fair Oaks Hospital
Annexation Type City Initiate Annexation, Land Use Map Designation, and Rezoning
Acres 5.47
Location South Side of Linton Boulevard, appx. 2,150 feet west of Military Trail
Existing Use Hospital complex
Proposed Use Hospital complex
County Future Land Use INST/18 (Institutional with an underlying high residential 18 units
per acre)
County Zoning IPF (Institutional and Public Facilities)
City Future Land Use CF (Community Facilities)
City Zoning CF (Community Facilities)
First Reading (if known) November 18, 2008
Second Reading (if known) December 9, 2008
Ordinance Num. (if known) Ordinance No. 55-08
Location Map (See Attached)
PCNs 00-42-46-26-00-000-1200
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DELRAY BEACH, FLORIDA 33444 • 561/243-7000
CERTIFICATION
I, CHEVELLE D. NUBIN, CMC, City Clerk of the City of Delray
Beach, do hereby certify that the attached document is a true and correct
copy of Ordinance No. 55-08, as the same was passed and adopted by the
Delray Beach City Commission in regular session on the 9th day of December,
2008.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 11th day of
December, 2008.
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City Clerk
City of Delray Beach, Florida
SERVICE PERFORMANCE INTEGRITY RESPONSIBLE INNOVATIVE TEAMWORK