Ord 23-00FAILED ON SECOND AND FINAL READING OCTOBER 3, 2000
ORDINANCE NO. 23-00
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 EAST SIDE OF
BARWICK ROAD APPROXIMATELY 250 FEET NORTH OF SABAL
LAKES ROAD, 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 CF (COMMUNITY FACILITIES) FOR SAID LAND TO THE
FUTURE LAND USE MAP AS CONTAINED IN THE
COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR SMAIJ, SCALE LAND
USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING
THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT);
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, Pathways to Recovery, Inc. is the fee simple owner of a 3.50 acre parcel
of land located on the east side of Barwick Road approximately 250 feet north of Sabal Lakes Road;
and
WHEREAS, Nhchael S. Weiner, Esquire, as duly authorized agent for the fee simple
owner hereinabove named, has requested by voluntary peution to have the subject property annexed
into the mumcipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the
corporate limits of the City of Dekay 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 designanon of
MR-5 (Medium Density Residential - 5 units/acre); and
WHEREAS, the Advisory Future Land Use Map (FLUM) destgmauon for the
subject property in the City of Delray Beach, Florida, is CF (Community Facilities); and
WHEREAS, the Caty'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 m estabhshing
the proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held
a pubhc hearing and considered the subject matter at its meeting of August 21, 2000, and voted 5 to
1 to recommend that the requests be approved with an mstial zoning of CF (Community Faciliues),
based upon positive findings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOI.I.OWS:
Section 1. That the City Commission of the City of Delray Beach, Palm Beach
County, Florida, hereby annexes to said City the following described land located in Palm Beach
County, Florida, which lies connguous to said City to-wit:
The North 521.00 feet of the South 771.00 feet of the West One-Quarter (W 1/4) of the Northwest
One-Quarter (NW 1/4) of the Northeast One-Quarter (NE 1/4) of Section 12, Township 46 South,
Range 42 East, Palm Beach County, Florida, LESS the West 40.00 feet for road right-of-way, more
particularly described as follows:
Commencing at the Southwest comer of the Northwest One-Quarter (NW %) of the Northeast
One-Quarter (NE 1/4) of Section 12, Township 46 South, Range 42 East; thence run North 0
degrees 00'00" East, along the West line of said NW 1/4, NE ¼ a distance of 250.13 feet to a point
on said West line, also being the center line of Barw~ck Road (80' road right-of-way); thence run
South 88 degrees 10'24" East, a distance of 40.00 feet to a point on the East right-of-way line of
Barwick Road and the point of beginning; thence continue along the last described course a distance
of 295.82 feet to a point on the East line of the West One-Quarter (W 1/4) of the NW 1/4, NE 1/4 of
said Section 12; thence run No,caS 0 degrees 04'35" East, along said East line a distance of 521.24
feet to a point; thence run North 88 degrees 10'25" West, a distance of 296.52 feet to a point on the
East right-of-way line of Barwick Road; thence run South 0 degrees 00'00" West along said East
right-of-way line, a distance of 521.26 feet to the point of beginmng.
The subject property is located on the east side of Barwick Road approximately 250 feet north of
Sabal Lakes Road; containing 3.50 acres, more or less.
2 Ord. No. 23-00
Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby
redefined to include therein the above-described tract of land and said land is hereby declared to be
within the corporate lirmts of the City of Delray Beach, Florida.
Section 3. 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 m the City of Delray Beach are now or may be subjected, including the Storrnwater
Management Assessment lev/ed by the City pursuant to ats ordinances and as reqmred by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray
Beach, Florida.
Section 4. 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 condiuons.
Section 5. That the Furore Land Use Map designation of the subject property is
hereby officxally affixed as CF (Community Facilities).
Section 6. That the City of Delray Beach elects to make this small scale amendment
by having only an adoption heating, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 7. That Chapter Two of the Land Development Regulattons has been
followed in the establishment of a zoning classificauon in this ordinance and the tract of land
hereinabove described is hereby declared to be in Zoning District CF (Community Facilities) as
defined by existing ordinances of the C~ty 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 derision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
3 Ord. No. 23-00
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 (31) days after adopuon, unless the amendment is challenged pursuant to Section 163.31870),
F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by
the Depa~t~xxent of Community Affairs, or the Administration Commtssion, finding the amendment
in compliance vath Section 163.3184, F.S. 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 Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
the
PASSED AND ADOPTED in regular session on second and final reading on this
__ day of ., 2000.
ATTEST:
MAYOR
City Clerk
First Reading September 7, 2000 - Approved
Second Reading October 3, 2000 - Failed
4 Ord. No. 23-00