Ord 10-16CITY
OF
GELRRY
BEACH
DELRAY BEACH
` ` ° R I D A
100 N.W. 1st AVENUE o DELRAY BEACH, FLORIDA 33444 m 561/243-7000
All -America City
1
2903
2001 CERTIFICATION
I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray
Beach, do hereby certify that the attached document is a true and correct
copy of Ordinance No. 10-16, as the same was passed and adopted by the
Delray Beach City Commission in regular session on the 3r1 day of May,
2016.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 6th day of May,
2016.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach, Florida
° L. ,J _"PONSIBLE ° fl—NNOVATIVE ° ICEAMWOPK
FRVTCE U' E12FORM�tNCE P➢TEGRITY I .
ORDINANCE NO. 10-16
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
WEST SIDE OF BARWICK ROAD, APPROXIMATELY 132
FEET NORTH OF LWDD L-31 CANAL, AS 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; AFFIXING AN OFFICIAL
LAND USE DESIGNATION OF LD (LOW DENSITY
RESIDENTIAL 0-5 DU/AC) FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE
PLAN; PROVIDING FOR THE ZONING THEREOF TO R -1 -AAA
(SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE, PROVIDING A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Joel Scott Bolling and Sandra Isabella Prestia-Bolling are the fee simple
owners of a 0.88 acre parcel of land located on the west side of Barwick Road, approximately 132
feet north of the LWDD L-31 Canal; and
WHEREAS, Joel Scott Bolling and Sandra Isabella Prestia-Bolling have requested by
voluntary petition to have the subject property annexed into the municipal limits of the City of
Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate
limits of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction
of Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of
MR -5 (Medium Density 5 units per acre); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in
the City of Delray Beach, Florida, is LD (Low Density Residential 0-5 du/ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing
the proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of March 21, 2016, and voted 5 to
0 to recommend that the requests be approved with an initial zoning of R -1 -AAA (Single Family
Residential), based upon positive findings; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to -wit:
South one-fifth (South 1/5) of the North four-fifths (North 4/5) of the East half (East 1/2) of
the Southeast Quarter (Southeast 1/4) of the Southeast Quarter (Southeast 1/4) of the Northwest
Quarter (Northwest 1/4) of Section 12, Township 46 South, Range 42 East, subject to an easement
for road right-of-way over the East 40 feet thereof, of the Public Records of Palm Beach County,
Florida.
Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined
to include therein the above-described tract of land and said land is hereby declared to be within
the corporate limits of the City of Delray Beach, Florida.
2 ORD NO. 10-16
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 the Future Land Use Map designation of the subject property is hereby
officially affixed as LD (Low Density Residential 0-5 du/ac).
Section 7. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in the R -1 -AAA (Single Family Residential) Zoning District as
defined by existing ordinances of the City of Delray Beach.
Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 9. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 10. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (3 1)
days after adoption, unless the small scale amendment is challenged pursuant to Section
163.3187(5), F.S. If timely challenged, the effective date of this Ordinance shall be the date a
final order is issued by the State Land Planning or the Administration Commission, finding the
adopted amendment to be in compliance. No development orders, development permits, or land
uses dependent on this amendment may be issued or commence before it has become effective. If
a final order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the state land planning agency.
ORD NO. 10-16
PASSED AND ADOPTED in regular
3 day of W,p , 2016.
ATTEST
City Clerk N-5 First ReadingSecond Read
Reading—
session on second and final reading on this the
M YOR
4 ORD NO. 10-16
CITY OF DELRAY BEACH, FL
NOTICE OF I
AND LAND USE CHANC
The City Commission will conduct a Public Hearing on TUESDAY MAY 3.
the City Commission Chambers at City Hall, 100'N'.W 1stl Avenue, Delray,
(or at any continuation of such meeting which is set by the Commission). A
Commission will consider annexing this propertyand' adopting a small-sc
Map amendment and. rezoning.
The small-scale Future Land Use Map (FLUM) amendment is from Cc
Residential 5 units per acre) to City LD (Low Density Residential 0-5 du/a
County AR (Agricultural Residential) to City R -1 -AAA (Single Family Resid
parcel, located at 14461 Barwick Road and is being processed in confuni
petition for annexation.
The title of the enacting ordinance is as follows;
ORDINANCE NO. 10-16
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA
ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOC
SIDE OF BARWICK ROAD, APPROXIMATELY. 132 FEET NORTH OF LW
MORE: PARTICULARLY' DESCRIBED HEREIN,. WHICH. LAND IS CONTIG
MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OFTHE CITYTO: ID
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFF
LAND USE DESIGNATION OF LD (LOW DENSITY RESIDENTIAL 0-5
LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMf
PROVIDING FOR THE ZONING THEREOF TO'.R-4 AAA.: (SINGLE FAP
DISTRICT; PROVIDING A GENERAL' REPEALER CLAUSE, PROVIDING::
AND AN EFFECTIVE DATE
A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE
ANNEXED IS SHOWN BELOW. A COMPLETE:'' LEGAL`DESCRIPTIOI
BOUNDS AND A COPY OF ORDINANCE NO 10-16 CAN BE OBTAINED
OF THE CITY CLERK, CITY HALL, 100 N.W. 1@TAVENUE, DELRAYBEAC
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All interested parties are invited to
ordinance or submit theircomments
and Zonina Department
Department, City Hall 100 NW Ist Avenue', FL 33444 (e-mail at pzmafI@mydefra
contacting Jasmin Allen, Senior Planner at 561/243-7044; between the hours of 8:00.
Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY C
BY THE CITY COMMISSION'' WITH RESPECT TO. ANY MATTER CONSII
HEARING, SUCH PERSON WILL NEED A RECORD OFTHE PROCEEDINGS
PURPOSE SUCH PERSON MAY NEED TO ENSURE THATIA VERBATIM`R
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY:
UPON WHICH THE APPEAL IS BASED. THECITY DOES NOT PROVIDE OR
RECORD PURSUANTTO F. S. 286.0105.
Publish: April 22, 2019 CITY OF
April 29, 2016 r Chevelle I
City Clerk