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~.
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City Clerk
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4
ORD. NO. 33-05
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PLANNING & ZONING DEPARTMENT
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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~.
,
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I ATIEST:
~~~. ~~~
City Clerk
I
Fast Reading ~ \105
SecondReadin - c\\w\~
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4 ()Rl). ~C>. 33-05
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LAS VERDES DRI VE
(LAKE)
DUNCAN
CENTER
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LINTON BOULEVARD
L-36
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CITY OF OELRAY BEACH, FL
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DELRA Y BEACH
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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
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LAS VERDES DRI VE
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TOWN CENTER
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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 ~
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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'
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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)
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A /MP (nollo scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE ANNEXED IS n
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SHOWN BELOW A COMPlETE LEGAL DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES ~
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AND BOUNDS AND A COPY OF THE ORDINANCE HEREIN ABOVE NAMED CAN BE OBTAINED 0
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FROM THE OFFICE OF THE CITY CLERK, CITY HALL, lOON W. 1 ST AVENUE, DELRAY BEACH, FLORI- Õ
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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