Ordinance No. 37-19ORDINANCE NO. 37-19
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING A SMALL-SCALE
FUTURE LAND USE MAP AMENDMENT FOR THREE (3)
PARCELS OF LAND KNOWN AS BANYAN COURT, AND RE-
DESIGNATING SAID LAND FROM PALM BEACH COUNTY
MEDIUM DENSITY RESIDENTIAL 5 UNITS PER ACRE (MR-5)
TO CITY OF DELRAY BEACH MEDIUM DENSITY
RESIDENTIAL 5-12 DU/AC (MD), PURSUANT TO THE
PROVISIONS OF THE "COMMUNITY PLANNING ACT",
FLORIDA STATUTES SECTION 163.3187, SAID LAND IS
LOCATED ON THE EAST SIDE OF BARWICK ROAD, AND
IMMEDIATELY SOUTH OF LAKE WORTH DRAINAGE
DISTRICT L-30 CANAL, AND WHICH MEASURES
APPROXIMATELY 6.68± ACRES, AS MORE PARTICULARLY
DESCRIBED HEREIN, PROVIDING A CONFLICTS CLAUSE,
AND A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions
of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning
Act"; and,
WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled
"Comprehensive Plan - Delray Beach, Florida"; and,
WHEREAS, Andrew V. Podray is the fee simple owner of a three (3) parcels of land which
measure approximately 6.68 acres± and are located on the east side of Barwick Road, immediately south
of the Lake Worth Drainage District L-30 Canal; and,
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation from Palm Beach County of Medium Density Residential 5 units per acre (MR-5);
and,
WHEREAS, the subject property has an "Advisory" Future Land Use Map Designation of
Medium Density Residential 5-12 dwelling units per acre (du/ac) (MD); and,
WHEREAS, the owner of the subject property has requested that the subject property be
annexed into the City of Delray Beach, which the City of Delray Beach approved on January 14,
2020;and
WHEREAS, re-designating the Future Land Use Map of said land from Palm Beach County
Medium Density Residential 5 units per acre (MR-5) to City of Delray Beach Medium Density
Residential 5-12 du/ac (MD) is also requested; and,
WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Board for the
City of Delray Beach, sitting as Local Planning Agency, considered this item at a public hearing on
October 15, 2018, and voted 6 to O to recommend that the Future Land Use Map designation be changed
for the property hereinafter described, finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in the Land Development Regulations; and
WHEREAS, it is appropriate that the Medium Density Residential 5-12 du/ac (MD) is hereby
deemed the Future Land Use Map designation on the Future Land Use Map of the City of Delray Beach,
Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The recitations set forth above are incorporated herein.
Section 2. The Future Land Use Map designation of the subject property is hereby officially
affixed as Medium Density Residential 5-12 du/ac (MD).
Section 3. The City Commission of the City of Delray Beach, Florida, hereby declares its intent
to exercise the authority granted pursuant to the provisions of Florida Sta tutes Sections 163. 3161 through
163.3248, inclusive, known as the "Community Planning Act."
Section 4. The Future Land Use Map of the City of Delray Beach, Florida, be and the same, is
hereby amended to reflect a Future Land Use Map designation of Medium Density Residential 5-12 du/ac
(MD) for the properties described in Exhibit A.
Section 5. The Future Land Use Map of the City of Delray Beach, Florida, shall, upon the
effective date of this ordinance, be amended to conform to the provisions of Section 4 hereof.
Section 6. All ordinances or parts thereof or parts of the Code conflicting or inconsistent with the
provisions of this ordinance are hereby repealed.
2 ORD NO. 37-19
Section 7. If any word, clause, sentence, paragraph, section or part thereof contained in this
Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a court of competent
jurisdiction, such declaration shall not affect the validity of the remainder of this ordinance.
Section 8. This ordinance shall become effective thirty-one (31) days after adoption, unless the
Comprehensive Plan amendment is timely challenged. 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.
PASSED AND ADOPTED in regular session on second and final reading on this day of
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d legal sufficiency:
First Reading lt/ I q¡, ~
Second Reading _{,....l~.?~,/~~~D~---
3 ORD NO. 37-19
EXHIBIT A
Parcel I
The North 549.75 feet of the West one-quarter (Wl/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 of road right-of-way recorded in O.R. Book 52, Page 576,
more particularly described as follows: The West 40 feet 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, less and
except the Lake Worth Drainage District Canal L-30.
PARCEL II AND III
The North 521.00 feet of the South 771.00 feet of the West one-quarter (Wl/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 1/4) of the Northeast one-
quarter (NE 1/4) of Section 12, Township 46 South, Range 42 East; thence run N00º00'00"E, along
the West line of said Northwest one-quarter (NW ¼) of the Northeast one-quarter (NE ¼), a
distance of250.13 feet to a point on said West line, also being the center line of Barwick Road, (80
Foot Right-Of-Way); thence Run S88º10'24"E 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
Northwest one quarter (NW 1/4) of the Northeast one-quarter (NE 1/4) of said Section 12; thence
run N00º04'35"E, along said East line, a distance of 521.24 feet to a point; thence run N88º10'25"W
a distance of 296.52 feet to a point on the East right-of-way line of Barwick Road; thence run
S00º00'00"W, along said East right-of-way line, a distance of 521.26 feet to the point of beginning.
Containing 290,906.54 square feet, or 6.678 acres.
The subject property is located on the east side of Barwick Road and immediately south of Lake
Worth Drainage District L-30 canal.
Said land situate in the City of Delray Beach, Palm Beach County, Florida and contain 6.68 acres,
more or less.
4 ORD NO. 37-19