Ordinance No. 38-19ORDINANCE NO. 38-19
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED PALM BEACH COUN TY
AGRICULTURAL RESIDENTIAL (AR) DISTRICT IN PART
AND RE SIDENTIAL HIGH (RH) DISTRICT IN PART, TO CITY
OF DELRAY BEACH PLANN ED RESIDENTIAL
DEVELOPMENT WITH A SPECIFIED DENSITY OF SIX (6)
DWELLING UNI TS PER ACRE (PRD-6), FOR A
DEVELOPMENT TO BE KNOWN AS BANYAN COURT,
LOCATED ON THE EAST SIDE OF BARWICK ROAD,
IMMEDIATELY SOUTH OF LAKE WORTH DRAINAGE
DISTRICT L-30 CANAL, AND WHICH MEASURES
APPROXIMA TEL Y 6.68± ACRE S, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "CITY OF DELRAY
BEACH, ZONING MAP, JUNE 29, 2017"; PROVIDING A
CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DA TE; AND FOR OTHER
PURPOSES.
WHEREAS, the property hereinafter described is presently zoned Palm Beach County
Agricultural Residential (AR) District in part and Residential High (RH) District in part; and,
WHEREAS, Andrew V. Podray is the fee simple owner of the subject property lying on the
east side of Barwick Road, immediately south of the Lake Worth Drainage District L-30 Canal; 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
WHERE AS, the owner of the subject property has simultaneously requested the property be
provided a comprehensive plan designation of Medium Density Residential in the City of Delray
Beach Comprehensive Plan, which the City of Delray Beach approved on January 14, 2020; and
WHEREAS, the owner has simultaneously requested rezoning from Palm Beach County
Agriculture Residential (AR) and Residential High (RH ) to City of Delray Beach Planned Residential
Development, 6 du/acre (PRD-6) and designating the City of Delray Beach Zoning map for these
parcels; and
WHEREAS, pursuant to Florida Statutes 163.3 l 74(4)(c), the Planning and Zoning Board for
the City of Delray Beach, sitting as the Local Planning Agency, considered this item at a public
hearing on October 21, 2019 and voted 7-0 to recommend that the property hereinafter described be
rezoned to City of Delray Beach Planned Residential Development 6 du/acre (PRD-6), 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, pursuant to the adopted Land Development Regulations Section 4.4.7(E)(l), a
Master Development Plan must be adopted concurrent with a rezoning to Planned Residential
Development, and the Planning and Zoning Board voted 7-0 at its meeting on October 21, 2019 to
approve the Banyan Court Master Development Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
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 Zoning District Map of the City of Delray Beach, Florida, be and the same, is
hereby amended to reflect a zoning classification of Planned Residential Development with a density of 6
dwelling units per acre (PRD-6), for the properties described in Exhibit A.
Section 3. The City of Delray Beach Zoning Map shall, upon the effective date of this
ordinance, be amended to conform to the provisions of Section 2 hereof.
Section 4. All ordinances or parts thereof or parts of the Code conflicting or inconsistent
with the provisions of this ordinance are hereby repealed.
Section 5. 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 6. This ordinance shall become effective concurrent with the effective date of
Ordinance No. 37-19 amending the Future Land Use Map, and upon approval at second reading. No
development orders, development permits, or land uses dependent on this amendment may be issued
or commence before it has become effective.
\ PASSED AND ADOPTED in regular session on second and final reading on this day of
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2 ORD NO. 38-19
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legal sufficiency:
First Reading I I }M U 1
Second Reading-'+~=-"-/,_.~~º---
3 ORD NO. 38-19
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.
PAR CEL II AND III
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 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
of 250.13 feet to a point on said West line, also being the center line of Barwick Road, (80 Foot Right-
Of-Way); thence Run S88º 10'24"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 N88º 10'25"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. 38-19