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Ord 33-05 11111111111111111111111111111111111111111111I1111111111 CFN 200:,.063:'.43'3 OR BK 19372 PG 1477 RECORDED 10/07/2005 08:46:55 Palm B~ach County, Florida Sharon R. Bock,CLERK & CO~PTROLLER Pgs 1477 - 1482; (&pgs) ORDINANCE NO. 33-05 AN ORDINANCE OF THE CIlY COMMISSION OF THE CIlY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CIlY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, APPROXIMATELY 1,240 FEET WEST OF MILITARY TRAIL, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CIlY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF (COMMUNIlY FACILITIES); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE WHEREAS, Tenet Healthcare Corporation is the fee simple owner of a 30.74 acre parcel of land located at on the south side of Linton Boulevard, approximately 1,240 feet west of Linton Boulevard; 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(E)(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of May 23, 2005, and voted 4 to 0 to recommend that the annexation be approved with an initial zoning of CF (Commurtity 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 CIlY COMMISSION OF THE CIlY OF DELRA Y 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 a land situate in Section 26, Township 46 South, Range 43 East, Palm Beach County, Florida being more particularly described as follows: Commencing at the Northeast comer of said Section 26; thence along the North line of said Section 26, North 890 56' 07" West, a distance of 1279.56 feet to the Northeast comer of Tract "E" as described in Official Record Book 3442 Page 306, Public records of Palm Beach County, Florida, thence along the easterly line of said Tract "E", South 450 03' 53" West a distance of 35.38 feet; thence continue along the said easterly line of Tract "E" and along the easterly line of Tract "B" as described in Official Record Book 3441, Page 389, Public Records of Palm Beach County, Florida South OW 02' 08" West a distance of 45.86 feet to a point of curvature of a curve concave to the Northwest having a radius of 199.06 feet; thence continue along the said easterly line of Tract "B" and southwesterly along the arc of said curve, through a central angle of 57" 33' 23", a distance of 199.97 feet; thence South 570 35' 31" West, a distance of 78.60 feet to a point of curvature of a curve concave to the Southeast, having a radius of 147.06 feet; thence Southwesterly along the arc of said curve through a central angle of 57" 31' 42" a distance of 147.66 feet; thence South 000 03' 49" West a distance of 268.35 feet to the southeast comer of said Tract "B", said comer lying on the northerly line of Tract "0" as described in said Official Record Book 3441 Page 389, 2 ORD. NO. 33-05 thence aIong the northerly line of said Tract "0", South 890 50' 07" East, a distance of 550.39 feet to the northeast comer of the West half of the Southwest quarter of the Northeast quarter of the Northeast quarter of Section 26; thence along the East line of the West half of the Southwest quarter of the Northeast quarter of the Northeast quarter of said Section 26, South 000 47' 39" East, a distance of 674.28 feet to a point on the south line of the north half of the northeast quarter of said Section 26; thence along the South line South 89' 52' 51" West a distance of 1232.53 feet; thence North 00' 03' 53" East a distance of 1348.03 feet in a point on the South right-of-way of Lnton Boulevard as described in Official Record Book 7818, Page 139, Public Records of Palm Beach County, Florida, said point being on a curve concave to the South having a radius of 7581.44 feet and from which a radial line bears South 01' 42' 54" East; thence along said South right-of-way line and easterly along the arc of said curve, through a central angle of 01' 46' 47", a distance of 235.48 feet to a point on the aforesaid North line of Section 26, thence along said North line South 89' 56' 07" East a distance of 688.17 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. 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 Zoning District CF (Community Facilities) 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. 3 ORD. NO. 33-05 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. If the comprehensive plan amendment is found to be in compliance, the effective date of this ordinance shall be December 31, ZOOS. _PEj)ED ~PTED in regular session on second and fmal reading on this the ~ay of '";iA, ZO~. ~!:a ~ ATTEST: ~.\.~>)). ~~>,.:.., City Clerk Fi"'~og ~ v~~ Second Readin C\\W\~5 4 ORD. NO. 33-05 LAS VERDES DRIVE (LAKE) DUNCAN CENTER DELRA Y TOWN CENTER 'L_ n I >- SOU TH CDUN TY w <>: MENTAL HEAL TH <l: CENTER .J >- WAL-MART <( z -' SOUTH COUNTY PROF, <( :::; u CENTRE CONDO LAkE ..~ ~ CIRCLE Q COUNTRY LAK[ ~ 0 :r: >- :::J 0 (I) B o U LEV A R D ii CAN A L - l-36 South Trust -' Bank PALM <l: <>: COURT >- BOCARA Y PLAZA PLAZA LINTON N DELRAY MEDICAL CENTER CITY OF OElRAY BEACH, FL PLANNING & ZONING DEPARTMENT MAP REF: LM828 _ _ DIGITAL BASE MAP SYSTEM -- [ITY DF DELRAY BEA[H DELRA Y BEACH ~ A1I-AmericaC; "llt 1993 CITY CLERK 100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444.561/243-7000 CERTIFICATION I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Ordinance No. 33-05, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 20th day of September 2005. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 29th day of September, 2005. ~~~~,~~ Chevelle D. Nubin City Clerk City of Delray Beach, Florida (SEAL) @ Printed on Recyc/Bd PtJPfN THE EFFORT ALWAYS MATTERS r " /,\ ORDINANCE NO. 33-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y BEACH, A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, APPROXIMATELY 1,240 FEET WEST OF MILITARY TRAIL, 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 I WHEREAS, Tenet Healthcare Corporation is the fee simple owner of a 30.74 acre parcel of land located at on the south side of Linton Boulevard, approximately 1,240 feet west of Linton Boulevard; and WHEREAS, pursuant to the Agreement for Water and Sewer Service and Consent to Annexation and Storm water 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 i , 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(E)(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of May 23, 2005, and voted 4 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 DELRA Y 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 a land situate in Section 26, Township 46 South, Range 43 East, Palm Beach County, Florida being more particularly described as follows: Commencing at the Northeast comer of said Section 26; thence along the North line of said Section 26, North 89° 56' 07" West, a distance of 1279.56 feet to the Northeast comer of Tract "E" as described in Official Record Book 3442 Page 306, Public records of Palm Beach County, Florida, thence along the easterly line of said Tract "E", South 45° 03' 53" West a distance of 35.38 feet; thence continue along the said easterly line of Tract "E" and along the easterly line of Tract "B" as described in Official Record Book 3441, Page 389, Public Records of Palm Beach County, Florida South 00" 02' 08" West a distance of 45.86 feet to a point of curvature of a curve concave to the Northwest having a radius of 199.06 feet; thence continue along the said easterly line of Tract "B" and southwesterly along the arc of said curve, through a central angle of 57° 33' 23", a distance of 199.97 feet; thence South 57" 35' 31" West, a distance of 78.60 feet to a point of curvature of a curve concave to the Southeast, having a radius of 147.06 feet; thence Southwesterly along the arc of said curve through a central angle of 57" 31' 42" a distance of 147.66 feet; thence South 00° 03' 49" West a distance of 268.35 feet to the southeast comer of said Tract "B", said comer lying on the northerly line of Tract "0" as described in said Official Record Book 3441 Page 389, 2 ()Rl).~(). 33-05 (' ""'\ thence along the northerly line of said Tract "0", South 890 50' 07" East, a distance of 550.39 feet to the northeast comer of the West half of the Southwest quarter of the Northeast quarter of the Northeast quarter of Section 26; thence along the East line of the West half of the Southwest quarter of the Northeast quarter of the Northeast quarter of said Section 26, South 00" 47' 39" East, a distance of 674.28 feet to a point on the south line of the north half of the northeast quarter of said Section 26; thence along the South line South 890 52' 51" West a distance of 1232.53 feet; thence North 000 03' 53" East a distance of 1348.03 feet in a point on the South right-of-way of Linton Boulevard as described in Official Record Book 7818, Page 139, Public Records of Palm Beach County, Florida, said point being on a curve concave to the South having a radius of 7581.44 feet and from which a radial line bears South 01042' 54" East; thence along said South right-of-way line and easterly along the arc of said curve, through a central angle of 01 0 46' 47", a distance of 235.48 feet to a point on the aforesaid North line of Section 26, thence along said North line South 890 56' 07" East a distance of 688.17 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. 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 i lands in the City of Delray Beach are now or may be subjected, including the Stormwater I 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 I the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District CF (Community Facilities) 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. 3 ()Rl).~(). 33-05 (' /,\ II 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. If the comprehensive plan amendment is found to be in compliance, the effective date of this ordinance shall be December 31, 2005. WED ~ in regular session on second and final reading on rbis the day of .ÞA., 20~. , ~o~ ~- I ATIEST: ~~~. ~~~ City Clerk I Fast Reading ~ \105 SecondReadin - c\\w\~ I I 4 ()Rl). ~C>. 33-05 I LAS VERDES DRI VE (LAKE) DUNCAN CENTER DELR A Y TOWN CENTER LINTON BOULEVARD L-36 -- South Trust ....J //V Bank . PALM « . / a:: COURT I- "'- BOCARA Y "- PLAZA PLAZA "'-, '" I >- SOUTH COUNTY LJ a:: MENTAL HEAL TH « CENTER -' I- WAL-MART <{ - Z ....J SOUTH COUNTY PROF <{ - ~ U COUNTRY LAKE N - DELRAY MEDICAL CENTER CITY OF OELRAY BEACH, FL PLANNING'" ZONING DEPARTMENT - - DIGITAL BASE MAP SYSTEM -- MAP REF LM828 £1" DF DELIR' IER[H DELRA Y BEACH f l 0 . I D ... tI.8d CITY CLERK 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 mr 1993 September 29, 2005 NOTIFICATION OF ANNEXATION Please find a copy of Ordinance No. 33-05 annexing property to the City of Dekay Beach, which was passed and adopted on second and final reading by the City Commission in regular session on September 20, 2005. Ordinance 33- 05 will be recorded with the Palm Beach County Clerk of the Court. This infonnation 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 Dekay Beach. If you have any questions, please do not hesitate to contact the City Clerk's office at (561) 243-7059. Sincerely, ~S). ~~ Chevelle D. Nubin City Clerk Attachments: Ordinance No. 33-05 Annexation Brief @ Printed on Røcycted Paper THE EFFORT ALWAYS MATTERS [IT' DF DELIR' IER[H DELRA Y BEACH f l 0 . I D A tI.8d CITY CLERK 100 N.W. 1st AVENUE DEL RAY BEACH, FLORIDA 33444 561{243-7000 ;¡¡¡r 1993 CERTIFICATION I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Ordinance No. 33-05, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 20th day of September 2005. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 29th day of September, 2005. ~~.~~ Chevelle D. Nubin City Clerk City of Delray Beach, Florida (SEAL) * Printed on Recycled PepM THE EFFORT ALWAYS MATTERS (' /, I ORDINANCE NO. 33-05 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 LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, APPROXIMATELY 1,240 FEET WEST OF MILITARY TRAIL, 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 30.74 acre parcel of land located at on the south side of Linton Boulevard, approximately 1,240 feet west of Linton Boulevard; 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 I Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits ~ 1 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 I I (" /,\ WHEREAS pursuant to LDR Section 2.2.2(E)(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of May 23, 2005, and voted 4 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 DELRA Y 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 a land situate in Section 26, Township 46 South, Range 43 East, Palm Beach County, Florida being more particularly described as follows: Commencing at the Northeast comer of said Section 26; thence along the North line of said Section 26, North 890 56' 07" West, a distance of 1279.56 feet to the Northeast comer of I Tract "E" as described in Official Record Book 3442 Page 306, Public records of Palm Beach County, Florida, thence along the easterly line of said Tract "E", South 450 03' 53" West a I distance of 35.38 feet; thence continue along the said easterly line of Tract "E" and along the easterly line of Tract "B" as described in Official Record Book 3441, Page 389, Public I Records of Palm Beach County, Florida South 00002' 08" West a distance of 45.86 feet to a , point of curvature of a curve concave to the Northwest having a radius of 199.06 feet; thence continue along the said easterly line of Tract "B" and southwesterly along the arc of said curve, through a central angle of 570 33' 23", a distance of 199.97 feet; thence South 57" 35' 31" West, a distance of 78.60 feet to a point of curvature of a curve concave to the Southeast, having a radius of 147.06 feet; thence Southwesterly along the arc of said curve through a central angle of 57" 31' 42" a distance of 147.66 feet; thence South 000 03' 49" West a distance of 268.35 feet to the southeast comer of said Tract "B", said comer lying on I the northerly line of Tract "0" as described in said Official Record Book 3441 Page 389, I 2 ()RJ).~(). 33-05 (" /,\ thence along the northerly line of said Tract "0", South 89° 50' 07" East, a distance of 550.39 feet to the northeast comer of the West half of the Southwest quarter of the Northeast quarter of the Northeast quarter of Section 26; thence along the East line of the West half of the Southwest quarter of the Northeast quarter of the Northeast quarter of said Section 26, South 000 47' 39" East, a distance of 674.28 feet to a point on the south line of the north half of the northeast quarter of said Section 26; thence along the South line South 890 52' 51" West a distance of 1232.53 feet; thence North 000 03' 53" East a distance of 1348.03 feet in a point on the South right-of-way of Linton Boulevard as described in Official Record Book 7818, Page 139, Public Records of Palm Beach County, Florida, said point being on a curve concave to the South having a radius of 7581.44 feet and from which a radial line bears South 01042' 54" East; thence along said South right-of-way line and easterly along the arc of said curve, through a central angle of 01 046' 47", a distance of 235.48 feet to a point on the aforesaid North line of Section 26, thence along said North line South 890 56' 07" East a distance of 688.17 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. 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 Zoning District CF (Community Facilities) 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. 3 ()Rl). ~(). 33-05 (" /'" , , 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. If the comprehensive plan amendment is found to be in compliance, the effective date of this ordinance shall be December 31, 2005. ~SED ~ in regular session on second and final reading on rbi, the day of .ÞA., 20~. ~!;~ ATfEST: ~~. ~~~ City Clerk Fast Reading ~ \1 M SecondReadin - '=' \w\~, 4 ()Rl). ~C>. 33-05 I I LAS VERDES DRI VE DUNCAN CEN TER DELRA Y TOWN CENTER ~ LINTON BOULEVARD L-36 SOU th Trust -' i '" / Bank - // V PALM « / COURT a:: I- , BOCARA Y PLAZA "', PLAZA / n I >- SOUTH COUNTY w a:: MENTAL HEAL TH « CEN TER -' I- WAL -MART <{ - Z ....J SOUTH COUNTY PROF - <{ ~ CEN TRE CONDO u CIRCLE COUNTRY LAKE ~ N , - I DELRA Y MEDICAL CENTER CITY OF OELRA Y BEACH, FL ! PLANNING'" ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF LM828 -- ANNEXATION BRIEF FOR DELRAY MEDICAL CENTER Property Control Number: 00-42-46-26-00-000-1040 (part of) Acreaqe: 30.74 Acres. Taxable Value: $36,158,387.00 Proiected Population Increase: 0 Owner's Address: Telnet Healthcare Corp. PO Box 92129 Southlake, TX 76092-2129 Property Address: 5352 Linton Boulevard Delray Beach, Florida 33484 Located on the south side of Linton Boulevard, approximately 1,240 feet west of Military Trail. County Land Use Desiqnation: INST (Institutional). City Land Use Desiqnation: CF (Community Facilities). City Zoninq Desiqnation: CF (Community Facilities). Current Use of Property: Hospital (Delray Medical Center) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER WZ 1 SUBJECT: AGENDA ITEM # \ C).N\ - REGULAR MEETING OF SEPTEMBER 20. 2005 ORDINANCE NO. 33-05 (ANNEXATION/ZONING/DELRAY MEDICAL CENTER) DATE: SEPTEMBER 16, 2005 This ordinance is before Commission for second reading and public hearing for a City initiated annexation via the provisions of the executed Water Service Agreements and Consent to Annexation with initial zoning of CF (Community Facilities) for Delray Medical Center, located on the south side of Linton Boulevard, approximately 1,240 feet west of Military Trail. The property under consideration is an unplatted 30.74 acre parcel which contains an approximate 406,000 square foot hospital complex, known as Delray Medical Center. On February 3, 1981, an agreement for water and sewer service was executed for the subject property, as well as for the adjacent medical office and shopping center developments. The hospital was constructed in 1982, and City water and sewer facilities were extended to the development. On March 18, 1999, the agreement for water and sewer service was amended to include paragraphs which gave consent for future annexation and assessment of a storm water assessment fee. The agreement states that the overall development will be annexed in phases with the shopping center to be annexed by March 31, 2001 (completed), Delray Medical Center during the year 2005, Fair Oaks property by 2008, and Lago Vista property by 2011. The annexation and initial zoning request is accompanying a City initiated Future Land Use Map Amendment (FLUM) from County INST (Institutional) to City CF as part of Comprehensive Plan Amendment 2005-1, which has also been scheduled for this Commission meeting. Additional background and analysis are provided in the Planning and Zoning Board Staff Report attached as Support Document #4 in Comprehensive Plan Amendment 2005-1. The Planning and Zoning Board held a public hearing at its meeting of May 23, 2005. There was no public testimony. After reviewing the staff report and discussing the proposal, the Board voted 4-0 to recommend approval of the City initiated annexation, FLUM amendment, and initial zoning request, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), Section 2.4.5(D)(5) (Rezoning Findings), and Section 2.4.5(C)(4) (Annexation Findings). At the first reading on June 7, 2005, the City Commission passed Ordinance No. 33-05. Recommend approval of Ordinance No. 33-05 on second and final reading. S:\Clty Clerk\agenda cover memos\ordmance memos\Ord 33-05 Delray Medical Center Annexatton Zorung 092005 t ~ CITY COMMISSION DOCUMENTATION I ¡ TO: D~r~ EN, THRU: ~LItG, I FROM: ONALD HOG GAR SUBJECT: MEETING OF JUNE 7, 2005 CITY INITIATED ANNEXATION VIA THE PROVISIONS OF THE EXECUTED WATER SERVICE AGREEMENTS AND CONSENT TO ANNEXATION WITH INITIAL ZONING OF CF (COMMUNITY FACILITIES) FOR DELRAY MEDICAL CENTER. LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, APPROXIMATELY 1,240 FEET WEST OF MILITARY TRAIL. t ." . . <" . ", .. , BACKGROUND I ~ . . . The property under consideration is an unplatted 30.74 acre parcel which contains a 406,000 sq.ft. (approximate) hospital complex, known as Delray Medical Center. On February 3, 1981, an Agreement for Water and Sewer Service was executed for the subject property as well as for the adjacent medical office and shopping center developments. The hospital was constructed in 1982, 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 assessment of a storm water assessment fee. The agreement states that the overall development will be annexed in phases with the shopping center to be annexed by March 31, 2001 (completed), Delray Medical Center during the year 2005, Fair Oaks property by 2008, and Lago Vista property by 2011. This Annexation and initial zoning request is accompanying a City initiated Future Land Use Map Amendment from County INST (Institutional) to City CF (Community Facilities) for the property as part of Comprehensive Plan Amendment 2005-1, which has also been scheduled for this City Commission meeting. Additional background and analysis are provided in the Planning and Zoning Board Staff Report attached as Support Document #4 in Comprehensive Plan Amendment 2005-1. Second reading of the rezoning request will be postponed until Comprehensive Plan Amendment 2005-1 returns from State review. The estimated date for the public hearing is August 2, 2005. t PLANNING AND ZONING BOARD CONSIDERATION I At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction with the City initiated Annexation, FLUM amendment and initial zoning request. No one from the public spoke on the item. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Kincaid, Morris and Zacks absent) to recommend approval of the City initiated Annexation, FLUM amendment and initial zoning request, 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. r ,'" '.. . -,. ': :. ,. "... . RECOMMENDED ACTION I By motion, approve on first reading, Ordinance No. 33-05, for the City initiated Annexation, and initial zoning request to CF (Community Facilities) for Delray Medical Center, 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. Attachment: Ordinance No. 33-05 \~ ORDINANCE NO. 33-05 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 ON THE SOUTH SIDE OF LINTON BOULEVARD, APPROXIMATELY 1,240 FEET WEST OF MILITARY TRAIL, 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 30.74 acre parcel of land located at on the south side of Linton Boulevard, approximately 1,240 feet west of Linton Boulevard; and WHEREAS, pursuant to the Agreement for Water and Sewer Service and Consent to Annexation and Storm water 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(E)(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of May 23, 2005, and voted 4 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 DELRA Y 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 a land situate in Section 26, Township 46 South, Range 43 East, Palm Beach County, Florida being more particularly described as follows: Commencing at the Northeast comer of said Section 26; thence along the North line of said Section 26, North 890 56' 07" West, a distance of 1279.56 feet to the Northeast comer of Tract "E" as described in Official Record Book 3442 Page 306, Public records of Palm Beach County, Florida, thence along the easterly line of said Tract "E", South 450 03' 53" West a distance of 35.38 feet; thence continue along the said easterly line of Tract "E" and along the easterly line of Tract "B" as described in Official Record Book 3441, Page 389, Public Records of Palm Beach County, Florida South 000 02' 08" West a distance of 45.86 feet to a point of curvature of a curve concave to the Northwest having a radius of 199.06 feet; thence continue along the said easterly line of Tract "B" and southwesterly along the arc of said curve, through a central angle of 57" 33' 23", a distance of 199.97 feet; thence South 57" 35' 31" West, a distance of 78.60 feet to a point of curvature of a curve concave to the Southeast, having a radius of 147.06 feet; thence Southwesterly along the arc of said curve through a central angle of 57" 31' 42" a distance of 147.66 feet; thence South 000 03' 49" West a distance of 268.35 feet to the southeast comer of said Tract "B", said comer lying on the northerly line of Tract "0" as described in said Official Record Book 3441 Page 389, thence along the northerly line of said Tract "0", South 890 50' 07" East, a distance of 550.39 feet to the northeast comer of the West half of the Southwest quarter of the Northeast quarter of the Northeast quarter of Section 26; thence along the East line of the West half of the Southwest quarter of the Northeast quarter of the Northeast quarter of said 2 ()RJ). ~(). 33-05 Section 26, South 00" 47' 39" East, a distance of 674.28 feet to a point on the south line of the north half of the northeast quarter of said Section 26; thence along the South line South 890 52' 51" West a distance of 1232.53 feet; thence North 000 03' 53" East a distance of 1348.03 feet in a point on the South right-of-way of Linton Boulevard as described in Official Record Book 7818, Page 139, Public Records of Palm Beach County, Florida, said point being on a curve concave to the South hav111g a radius of 7581.44 feet and from which a radial line bears South 01042' 54" East; thence along said South right-of-way line and easterly along the arc of said curve, through a central angle of 01046' 47", a distance of 235.48 feet to a point on the aforesaid North line of Section 26, thence along said North line South 890 56' 07" East a distance of 688.17 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. 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 Zoning District CF (Community Facilities) 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 valiillty of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 9. If the comprehensive plan amendment is found to be in compliance, the effective date of this ordinance shall be December 31, 2005. 3 ()Rl). ~(). 33-05 PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,20_. MAYOR A TIEST: City Clerk First Reading Second Reading 4 ()RJ).~(). 33-05 C e ~ {l drð Jd..ÞLt/I& CITY OF DELRAY BEACH NOTICE OF ANNEXATION AND REZONING ORDINANCE NO. 33-05 The CIty CommISSIon will conduct a Public Hea";~ on TUESDAY. SEPTEMBER 20. 2005. AT 7:00 IYd. on !he ComnllsslOl1 Chambe<s al City Hall, lOON W. 1 sl Avenue, Delray Beach, Florida (or at any conhnuahon of such meeting wl'llch is set by !he Gty CommISSIon) AI thIS meefing !he CIty CommISsion wIll conSIder annexong thIS property and adaphng the foIlowong ordonance ORDINANCE NO. 33-05 QC AN ORDINANCE OF THE CITY COMMISSION ÓF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING a> TO THE QTY OF DELRAY BEACH, A PARCEL OF LAND lOCATED ON THE SOUTH SIDE OF LINTON £ BOULEVARD. APPROXIMATELY 1,240 FEET WEST OF MIUTARY TRAil, AS THE SAME IS MORE PARTIC· :D UlARlY DESCRIBED HEREIN, WHICH lAND IS CONTIGUOUS TO EXISTING MUNICIPAl UMITS; g REDEANING THE BOUNDARIES OF THE CITY TO INCLUDE SAID lAND, PROVIDING FOR THE RIGHTS ð AND OBLIGATIONS OF SAID LAND, PROVIDING FOR THE ZONING THEREOF TO CF (COMMUNllY ~ FAClUTlES), PROVIDING A GENERAl REPEALER ClAUSE, A SAVING ClAUSE, AND AN EFFECTIVE ~ ~ ~ '" <> A MAP (nol to scale) DEPlOING THE GENERAl lOCATION OF THE PROPERlY 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 I FROM THE OFACE OF THE CllY CLERK, CllY HAll, lOON W 1 ST AVENUE, DELRAY BEACH, FLORI- :!i' M ~ C/> <1> "S. <1> 3 <:T !!: ~ õ» '" o · 0 ~ ~ · . ~, ~ · ~ ~ ~ C- o <> '" ~ AAo'._MA'lT æ ~ ø ¡., ~mllL _. _ T¥" _ ,~, '1'''-'0 . ~ .fTTT1lTf1m1lËI3=§ãmnn"" 'mi. . ~'U' Ilii. I 110: ì I ,~I'U' I I' ; . ; LJ j , ~~. ~, ~,~ :J .,¡:" "- þ§ll' , \\., fTTT1111----¡ = ~., _ ¡~' ""-\µ '". ''''--'.,~~!jÌ'Ä:I.''~ ~8 "'i0L--''''''' ' ß~\?j ~ i)'~ .c ¡':__:,j_\~~:t:.-i.~,ll II! ...,-_-,_ MU>.r.:C1?ALCITYUMITS ...,.-.... All 'nieresled clhzens are onv,ted to anend the public hearing ond comment upon th.. proposed ordonance or submit the" comments In writing on or before the dale of thIS hearing to the Plonnlng and Zoning Department For further onformatlon or to obtaon a copy of the proposed ordonance, please contoct the Planning and ZOning Department. C,ty Hall. 100 N W I st Avenue, Delroy Beach, Florida 33444 (emOlI at pzmOlI@mydelrayplannlnç¡Of"J. or by callong (561 )243-7040), between the hours of 800 a m and 5 00 p m on weekdays excluding holidays PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE OlY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING. SUCH PERSON Will NEED A VERBATIM RECORD OF THE PR<XEEDINGS, AND FOR THIS PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PR<XEEDINGS 1,5 MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD PURSUANT TO FS 2860105 CfIY OF DElRAY BEAOi Chevelle D Nubon > CIty den< PUBUSH Fnday, September 9, 2005 Friday, SepIember 16, 2005 Boca Raton/Delroy Beach News Acl#NS09056 cc C6Jto/~ CITY Of DELRAY BEACH NOTICE Of ANNEXATION AND REZONING ORDINANCE NO. 33-05 The City CommISSion WIll conduct a Public Heanng on TUESDAY. SEPTEMBER 20. 2005. AT 7:00 P.M, on the CommISSion Chambers at City Hall, 100 N W 1 st Avenu"e, Delroy Beach, Flonda (or at any conhnuatior. of such meehng w!,,,h IS set by the City CommISSion) AtthlS meeting the City CommISSion will conSider annexong thIS property and adophng the following ordonance ORDINANCE NO. 33-05 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 ON THE SOUTH SIDE OF UNTON BOULEVARD, APPROXIMATELY 1,240 FEET WEST OF MIUTARY TRAIL, AS THE SAME IS MORE PARTIC- ULARLY DESCRIBED HEREIN, WHICH lAND IS CONTIGUOUS TO EXISTING MUNICIP"AL UMITS, REDEFINING THE BOUNDARIES OF THE CITY TO INCWDE SAID lAND, PROVIDING FOR THE RIGHTS AND OBUGATIONS OF SAID lAND, PROVIDING FOR THE ZON1NG THEREOF TO CF ¡COMMUNITY FACILITIES). PROVIDING A GENERAL REPEALER ClAUSE, A SAVING ClAUSE, AND AN EFFECTIVE DATE QI) tX> 0 A /MP (nollo scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE ANNEXED IS n þ) 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 0 ::s FROM THE OFFICE OF THE CITY CLERK, CITY HALL, lOON W. 1 ST AVENUE, DELRAY BEACH, FLORI- Õ CD DA ~ "" CD þ) n :::r :z CD :¡ '" I :J;' ë. ~ en CD "S- CD 3 c:T ~ !? '" 0 0 (}1 . ~ i::r 0 n þ) ::s CD :¡ '" n 0 3 , AII,nteres1ed clhzens are invited 10 attend the public hearing and comment upon the proposed ordinance or submit the" comments on wTlhng on or before the date 01 thIS heonng 10 the Planning and ZOning Deportment For further Inlcrmahon or 10 ableon a copy 01 the proposed ordinance, please contact the Planning and ZOning Deportment, CIty Hall, 100 N W 1 st Avenue, Delroy Beach, Flonda 33AAA {email 01 pzmall@mydelrqyplanmng orll, or by calling (561)243-7040). between the hou... 018 00 a m and 5 00 p m. on weekdays exduding holidays PlEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY /MITER CONSIDERED AT THIS HEARING, SUCH PERSON WIll NEED A VERBATIM RECORD OF THE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD PURSUANT TO FS 2860105 " CITY OF DElRAY BEACH C\,evelle D Nubon CotyClerIc PUBUSH Friday, September 9. 2005 Friday, September 16, 2005 Boca Raton/Delroy Beach News Ad#NS09056