06-94 CITY OF DELRR¥ BERTH /
CERTIFICATION
I, ALISON MacGREGOR HARTY, City Clerk of the City
of Delray Beach, Florida, do certify that the attached is a
true and correct copy of Ordinance No. 6-94, annexing
certain property to the City of Delray Beach, as the same
was passed and adopted on second and final reading by the
City Commission of the City of Delray Beach, Florida, in
regular session on March 22, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand
and the official seal of the City of Delray Beach, Florida,
on this the 25th day of March, 1994.
Alison ~acGrego~ Harty
City
Clerk
City of Delray Beach
THE EFFORT ALWAYS ~/]ATTERS
Pr~n~e~J or, Ret}lc/ed
ORDINANCE NO. 6-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, LAND SOUTH OF THE INTERSECTION OF GERMANTOWN
ROAD AND LINTON BOULEVARD LYING AND BEING IN SECTION
25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND
BEING GENERALLY LOCATED ON THE SOUTH SIDE OF
GERMANTOWN ROAD, SOUTH OF LINTON BOULEVARD
IMMEDIATELY WEST OF FOXE CHASE SUBDIVISION;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF
(COMMUNITY FACILITIES) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Norman W. Blood, Jr. and Carolyn J. Blood are the
fee-simple owners of a parcel of land lying and being in Section 25,
Township 46 South, Range 42 East, Palm Beach County, Florida, as the
same is more particularly described herein; and
WHEREAS, the City of Delray Beach, as the authorized agent
for the fee-simple owners as hereinabove named, has requested by
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 designation of a zoning classification is part
of the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida
Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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 contiguous to said City to-wit:
Parcel 1:
That part of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida, described as
follows:
Begin at the northwest corner of the plat of FOXE
CHASE, according to the plat thereof recorded in Plat
Book 38, Pages 1 and 2 of the Public Records of Palm
Beach County, Florida; thence South 01 degrees 07'33"
East, along the West line of said plat of FOXE CHASE,
a distance of 707.79 feet to the point of beginning;
thence continue South 01 degrees 07'33" East along
said West line, a distance of 726.00 feet; thence
South 88 degrees 52'27" West a distance of 600.00
feet; thence North 01 degrees 07'33" West a distance
of 726.00 feet; thence North 88 degrees 52'27" East a
distance of 600.00 feet to the said point of
beginning.
Containing 10 acres, more or less.
Parcel 2:
That part of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida, described as
follows:
Commence at the Northwest corner of the plat of FOXE
CHASE, according to the plat thereof recorded in Plat
Book 38, Pages 1 and 2 of the Public Records of Palm
Beach County, Florida; thence South 1 degree 07'33"
East along the West line of said plat of FOXE CHASE,
272.79 feet to the point of beginning; thence
continue South 1 degree 07'33" East along said West
line, 435.00 feet; thence South 88 degrees 52'27"
West, 500.00 feet; thence North 1 degree 07'33" West,
360.00 feet; thence North 43 degrees 52'27" East,
212.13 feet; thence North 1 degree 07'33" West,
197.79 feet; thence North 88 degrees 52'27" East,
150.00 feet; thence South 1 degree 07'33" East,
272.79 feet; thence North 88 degrees 52'27" East,
200.00 feet to the said point of beginning.
Containing 6 acres, more or less.
- 2 - Ord. No. 6-94
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
parcels and said land is hereby declared to be within the corporate
limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the parcels hereinabove described
are hereby declared to be in Zoning District CF (Community Facilities)
as defined by existing ordinances of the City of Delray Beach.
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 all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. 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 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 22nd day of March , 1994.
ATTEST:
'~Cit~ 01~rk
First Reading February 22, 1994
Second Reading March 22, 1994
- 3 - Ord. No. 6-94
Return to: (enclose self-addressed stamped envelope)
Name
Address:
ORDINANCE NO. 6-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, LAND SOUTH OF THE INTERSECTION OF GERMANTOWN
ROAD AND LINTON BOULEVARD LYING AND BEING IN SECTION
25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND
BEING GENERALLY LOCATED ON THE SOUTH SIDE OF
GERMANTOWN ROAD, SOUTH OF LINTON BOULEVARD
IMMEDIATELY WEST OF FOXE CHASE SUBDIVISION;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF
(COMMUNITY FACILITIES) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Norman W. Blood, Jr. and Carolyn J. Blood are the
fee-simple owners of a parcel of land lying and being in Section 25,
Township 46 South, Range 42 East, Palm Beach County, Florida, as the
same is more particularly described herein; and
WHEREAS, the City of Delray Beach, as the authorized agent
for the fee-simple owners as hereinabove named, has requested by
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 designation of a zoning classification is part
of the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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 contiguous to said City to-wit:
Parcel 1:
That part of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida, described as
follows:
Begin at the northwest corner of the plat of FOXE
CHASE, according to the plat thereof recorded in Plat
Book 38, Pages 1 and 2 of the Public Records of Palm
Beach County, Florida; thence South 01 degrees 07'33"
East, along the West line of said plat of FOXE CHASE,
a distance of 707.79 feet to the point of beginning;
thence continue South 01 degrees 07'33" East along
said West line, a distance of 726.00 feet; thence
South 88 degrees 52'27" West a distance of 600.00
feet; thence North 01 degrees 07'33" West a distance
of 726.00 feet; thence North 88 degrees 52'27" East a
distance of 600.00 feet to the said point of
beginning.
Containing 10 acres, more or less.
Parcel 2:
That part of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida, described as
follows:
Commence at the Northwest corner of the plat of FOXE
CHASE, according to the plat thereof recorded in Plat
Book 38, Pages 1 and 2 of the Public Records of Palm
Beach County, Florida; thence South 1 degree 07'33"
East along the West line of said plat of FOXE CHASE,
272.79 feet to the point of beginning; thence
continue South 1 degree 07'33" East along said West
line, 435.00 feet; thence South 88 degrees 52'27"
West, 500.00 feet; thence North 1 degree 07'33" West,
360.00 feet; thence North 43 degrees 52'27" East,
212.13 feet; thence North 1 degree 07'33" West,
197.79 feet; thence North 88 degrees 52'27" East,
150.00 feet; thence South 1 degree 07'33" East,
272.79 feet; thence North 88 degrees 52'27" East,
200.00 feet to the said point of beginning.
Containing 6 acres, more or less.
- 2 - Ord. No. 6-94
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
parcels and said land is hereby declared to be within the corporate
limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the parcels hereinabove described
are hereby declared to be in Zoning District CF (Community Facilities)
as defined by existing ordinances of the City of Delray Beach.
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 all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. 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 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 22nd day of March , 1994.
ATTEST:
- ~Cit~ Cl~rk - ;
First Reading February 22, 1994
Second Reading March 22, 1994
- 3 - Ord. No. 6-94
ANNEXAtiON AND
LKND USE AMENDMENT
TO A PORTION OF
BLOODS GROVE
[IT¥ DF DELRII¥ BERCH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
1993
TO: DISTRIBUTION LIST
FROM: PAUL DORLING,~ENIOR PLANNER
DATE: MARCH 23, 1994
SUBJECT: BLOODS GROVE ANNEXATIONS (SCHOOL AND PARK SITE)
On March 22, 1994, the City Commission approved on second and final
reading an ordinance annexing a 16 acre portion of the Bloods Grove.
The attached map shows the location of property which is now within
the municipal boundaries, and under municipal jurisdiction. The
following data for the 10 acre school site and 6 acre park site is
attached for your information. If you have any questions please
call me at ext. 7043.
PD\leh
Attachment
T: \PD\ANNEX
THE EFFORT ALWAYS MATTERS
ANNEXATION BRIEF FOR A PORTION OF BLOODS GROVE
Property Control Numbers:
None assigned at this time
Acreage: 10 acres (school site)
5.93 acres (park site)
Owner's Addresses: Current Future
School site: Norman and Carolyn Blood P.B.C. School Board
10 acres 4482 Sanderling Lane 3323 Belvedere Road
Boynton Beach Florida, 33436 W.P.B. Florida 33406
Park Site: Norman and Carolyn Blood City of Delray Beach
5.93 acres 4482 Sanderling Lane 100 N.W. 1st Avenue
Boynton Beach Florida, 33436 Delray Beach, Fla. 33444
County Land Use Designation: MR 5 (Medium Residential 5 units per acre)
City Land Use Designation: CF (Community Facilities)
City Zoning Designation: CF (Community Facilities)
Current Use of properties: Portion of Bloods Grove Orange Nursery.
T: \PD\BRIEF
I
I
ORDINANCE NO. 6-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, LAND SOUTH OF THE INTERSECTION OF GERMANTOWN
ROAD AND LINTON BOULEVARD LYING AND BEING IN SECTION
25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND
BEING GENERALLY LOCATED ON THE SOUTH SIDE OF
GERMANTOWN ROAD, SOUTH OF LINTON BOULEVARD
IMMEDIATELY WEST OF FOXE CHASE SUBDIVISION;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF
(COMMUNITY FACILITIES) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Norman W. Blood, Jr. and Carolyn J. Blood are the
fee-simple owners of a parcel of land lying and being in Section 25,
Township 46 South, Range 42 East, Palm Beach County, Florida, as the
same is more particularly described herein; and
WHEREAS, the City of Delray Beach, as the authorized agent
for the fee-simple owners as hereinabove named, has requested by
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 designation of a zoning classification is part
of the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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 contiguous to said City to-wit:
Parcel 1:
That part of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida, described as
follows:
Begin at the northwest corner of the plat of FOXE
CHASE, according to the plat thereof recorded in Plat
Book 38, Pages 1 and 2 of the Public Records of Palm
Beach County, Florida; thence South 01 degrees 07'33"
East, along the West line of said plat of FOXE CHASE,
a distance of 707.79 feet to the point of beginning;
thence continue South 01 degrees 07'33" East along
said West line, a distance of 726.00 feet; thence
South 88 degrees 52'27" West a distance of 600.00
feet; thence North 01 degrees 07'33" West a distance
of 726.00 feet; thence North 88 degrees 52'27" East a
distance of 600.00 feet to the said point of
beginning.
Containing 10 acres, more or less.
Parcel 2:
That part of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida, described as
follows:
Commence at the Northwest corner of the plat of FOXE
C~ASE, according to the plat thereof recorded in Plat
Book 38, Pages 1 and 2 of the Public Records of Palm
Beach County, Florida; thence South 1 degree 07'33"
East along the West line of said plat of FOXE CHASE,
272.79 feet to the point of beginning; thence
continue South 1 degree 07'33" East along said West
line, 435.00 feet; thence South 88 degrees 52'27"
West, 500.00 feet; thence North 1 degree 07'33" West,
360.00 feet; thence North 43 degrees 52'27" East,
212.13 feet; thence North 1 degree 07'33" West,
197.79 feet; thence North 88 degrees 52'27" East,
150.00 feet; thence South 1 degree 07'33" East,
272.79 feet; thence North 88 degrees 52'27" East,
200.00 feet to the said point of beginning.
Containing 6 acres, more or less.
- 2 - Ord. No. 6-94
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
parcels and said land is hereby declared to be within the corporate
limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the parcels hereinabove described
are hereby declared to be in Zoning District CF (Community Facilities)
as defined by existing ordinances of the City of Delray Beach.
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 all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. 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 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 6-94
[IT¥ I]F [IELRR¥ BERgH
FIRE DEPARTMENT
MEMORANDUM
TO: PERSONS ADDRESSED
FROM: MICHAEL D. CATO, DIVISION CHIEF
DATE: MARCH 29, 1994
SUBJECT: ANNEXATION
The following property was annexed into the City of Delray
Beach effective March 22, 1994.
ORD. NO. ADDRESS AND DESCRIPTION
6-94 A 16 acre portion of Bloods Grove (see attached
map). The property is to be developed as a 10
acre school site and a 6 acre park site. There
are currently no improvements on the site.
Michael D. Cato
Division Chief
MDC/ckc
FIRE DEPARTMENT HEADQUARTERS- 101 WEST ATLANTIC AVENUE., DELRAY BEACH, FLORIDA 33444
LI# TO# I OUL[ ¥& II 0
ANN£XATION AND
LA. ND
TO A PORT/ON OF'
BLOODS GROV~
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 contiguous to said City to-wit:
Parcel 1:
That part of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida, described as
follows:
Begin at the northwest corner of the plat of FOXE
CHASE, according to the plat thereof recorded in Plat
Book 38, Pages 1 and 2 of the Public Records of Palm
Beach County, Florida; thence South 01 degrees 07'33"
East, along the West line of said plat of FOXE CHASE,
a distance of 707.79 feet to the point of beginning;
thence continue South 01 degrees 07'33" East along
said West line, a distance of 726.00 feet; thence
South 88 degrees 52'27" West a distance of 600.00
feet; thence North 01 degrees 07'33" West a distance
of 726.00 feet; thence North 88 degrees 52'27" East a
distance of 600.00 feet to the said point of
beginning.
Containing 10 acres, more or less.
Parcel 2:
That part of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida, described as
follows:
Commence at the Northwest corner of the plat of FOXE
CHASE, according to the plat thereof recorded in Plat
Book 38, Pages 1 and 2 of the Public Records of Palm
Beach County, Florida; thence South 1 degree 07'33#
East along the West line of said plat of FOXE CHASE,
272.79 feet to the point of beginning; thence
continue South 1 degree 07'33" East along said West
line, 435.00 feet; thence South 88 degrees 52'27"
West, 500.00 feet; thence North i degree 07'33" West,
360.00 feet; thence North 43 degrees 52'27" East,
212.13 feet; thence North 1 degree 07'33" West,
197.79 feet; thence North 88 degrees 52'27" East,
150.00 feet; thence South 1 degree 07'33" East,
272.79 feet; thence North 88 degrees 52'27" East,
200.00 feet to the said point of beginning.
Containing 6 acres, more or less.
- 2 - Ord. No. 6-94
FLORIDA DEPARTMENT OF STATE
Jim Smith, Secretary of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
Tallahassee, Florida 32399-0250
(904) 488-8427
March 4, 1994
Ms. Alison MacGregor Harty
City Clerk
City of Delray Beach
100 Northwest 1st Avenue
Delray Beach, Florida 33444
Dear Ms. Harty:
This will acknowledge your letter of March 25, 1994 and
certified copy of Ordinance Nos. 6-94, 7-94, 10-94, 13-94,
14-94, 15-94 and 17-94 annexing certain lands into the City
of Delray Beach, which were filed in this office on March 30,
1994.
Liz Clou~d, Chief
Bureau of Administrative Code
LC/dlb
RE~VED
CITY CLERK
I:IT¥ al: DELRI:I¥ BEfl£H
2~, '.., · '- '2'.LE · :.= _.-";. , gE-kCH :'LQRiDA 33444 · 407 243-7000
1993
March 28, 1994
Clerk of the Circuit Court
in and for Palm Beach County
Recording Department
P.O. Box 4177
West Palm Beach, FL 33402-4177
Dear Sir or Madam:
Enclosed please find a certified copy of each of the following
annexation ordinances for recording:
Ordinance No. 6-94
Ordinance No. 7-94
Ordinance No. 10-94
Ordinance No. 13-94
Ordinance No. 14-94
Ordinance No. 15-94
Ordinance No. 17-94
passed and adopted on second and final reading by the City
Commission of the City of Delray Beach, Florida, in regular session
on March 22, 1994.
Upon recordation, kindly return the documents to this office.
Please bill to the City's Account #87211.
If you have any questions, please do not hesitate to contact me at
407/243-7050. Thank you for your assistance.
Sincerely,
Alison MacGregdr Harty
City Clerk
AMH/m
Enclosures
THE EFFORT ALWAYS MATTERS
[ITY I:IF I]ELAIIY BEI [H
. ~ ;~. ,:i:; ~ !00 '.vV ~r AVENUE (, DEt_RA',' BEACH, FLORIDA 33444 * 407/243-7000
March 28, 1994 ®
]993
Mr. J.R. Harris
Auditor
Waste Management Co.
651 Industrial Way
Boynton Beach, FL 33426
Re: Annexation Ordinances/City of Delra¥ Beach
Dear Mr. Harris:
As requested, enclosed please find copies of the ordinances and
other pertinent information relating to recent annexations by the
City of Delray Beach, Florida. They are as follows:
Ordinance No. 44-93 (Taheri Annexation)
Adopted August 10, 1993/effective immediately
Ordinance No. 62-93 (Sunset Pines, et al)
Adopted November 9, 1993/effective immediately
Ordinance No. 6-94 (A portion of Blood's Groves) Adopted March 22, 1994/effective immediately
Ordinance No. 7-94 )
Ordinance No. 10-94 )
Ordinance No. 13-94 ) North Federal Highway Annexations
Ordinance No. 14-94 ) effective immediately (3/22/94)
Ordinance No. 15-94 )
Ordinance No. 17-94 )
I believe Waste Management was previously provided copies of
Ordinance Nos. 44-93 and 62-93. In the future, I will route
information concerning annexations directly to your attention.
If you have any questions, please do not hesitate to contact me at
407/243-7050.
Sincerely,
Alison MacGregdr Harty
City Clerk
AMH/m
Enclosures
THE EFFORT ALWAYS MATTERS
Pr,~ted om ~ecycied P~er
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM ~ /OA - MEETING OF MARCH 22, 1994
ORDINANCE NO. 6-94/ANNEXATION AND INITIAL ZONING OF A 16
ACRE PORTION OF BLOOD'S GROVES
DATE: MARCH 17, 1994
Ordinance No. 6-94 represents a City-initiated action to annex a 16
acre portion of Blood's Groves and to establish an initial zoning
classification of CF (Community Facilities) District on the
property. It is before the Commission for public hearing and
consideration on second and final reading.
The subject property is located along the eastern boundary of
Blood's Groves, adjacent to Fire Station No. 5 and the Foxe Chase
subdivision. The northerly six acres is to be developed as a
municipal park, with the adjoining ten acres to the south to be
developed for an elementary school (School Site "S"). A need for
both the school and a park in the southwestern part of the City was
previously identified in the Comprehensive Plan.
At the February 22, 1994, regular meeting, the Commission approved
Resolution No. 10-94 authorizing the City's acquisition of the six
acre park site. The School Board finalized their approval of the
ten acre school site purchase in January, 1994. A closing date of
April 8, 1994, has been tentatively set for both parcels.
A Future Land Use Map (FLUM) amendment assigning a Community
Facilities designation to this property has been processed
separately as part of Comprehensive Plan Amendment 93-2.
Recommend approval of Ordinance No. 6-94 on second and final
reading.
ref:agmemo3
LIN TON I OUL[V&III)
(~ ~)
I
~ND USE AMENDMENT
TO A PORTION OF
BL~OS GROVE
I
CITY COMMISSION DOCUMENTATION
TO: //~ID T. HARDEN, CITY MANAGER
PRINCIPAL PLANN~ ~
SUBJECT: MEETING OF FEBRUARY 22, 1994
ANNEXATION AND INITIAL ZONING OF A 16 ACRE PORTION
OF BLOOD'S HAMMOCK GROVES--FIRST READING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance annexing a 16
acre portion of Blood's Grove, and applying a zoning
designation of CF (Community Facilities).
The ordinance applies to School Site "S" and a proposed
6-acre City park. The property is located along the eastern
boundary of Blood's Grove, adjacent to Fire Station #5 and
the Foxe Chase subdivision.
BACKGROUND:
This annexation and initial zoning involves property that is to
be developed as a park (6 acres) and an elementary school (10
acres). A need for both the school and the park in the
southwest area was identified in the City's Comprehensive Plan,
and efforts to fill those needs have resulted in the selection
of the subject sites. Both properties are in the process of
being sold by the Bloods: the park site to the City, and the
school site to the Palm Beach County School District.
A Future Land Use Map (FLUM) amendment assigning a Community
Facilities designation to this property was processed separately
as part of Amendment 93-2. It is appropriate at this time to
move forward with the annexation and zoning of the property.
Once those processes are complete, a Conditional Use application
can be processed for the elementary school.
The attached Planning and Zoning Board staff report contains a
detailed background and analysis of this petition.
City Commission Documentation
Blood's Grove (16 ac.) Annexation and Initial Zoning
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item and
the attendant FLUM amendment at its meeting of June 14, 1993.
Several residents from the Foxe Chase subdivision spoke in
opposition to the location of the school adjacent to their
neighborhood. The Board felt that another location on the
Blood's site would be more appropriate, and recommended denial
(6-0) of the FLUM amendment. Later at that same meeting, the
Board also recommended denial of the annexation and initial
zoning (6-0).
RECOMMENDED ACT I ON:
Subsequent to the Planning and Zoning Board's consideration of
this item, the City Commission considered the FLUM amendment for
this portion of the Blood's property. In addition to the
residents of Foxe Chase who opposed the school site, numerous
other members of the public spoke in favor of the school on the
subject property. After some discussion, the Commission voted
4-1 in favor of the amendment changing the land use designation
to Community Facilities. The annexation of the property and the
initial zoning to CF are consistent with that action.
By motion, approve on first reading an ordinance annexing a
16-acre portion of Blood's Hammock Groves with an initial zoning
designation of CF (Community Facilities); based upon positive
findings with respect to Section 3.1.1 (A-D) Required Findings,
Section 3.3.2 Standards for Rezoning Actions, Section
2.4.5(D) (1) Change of Zoning District Designation--Rule and
policies of the Comprehensive Plan, and upon the following
findings:
That the property is contiguous, reasonably compact, and
does not create an enclave; and
That services will be provided to the property in a manner
similar to other similar properties within the City.
Attachment:
* P&Z Staff Report & Documentation of June 14, 1993
* Ordinance by others
DD\T:CCBLOOD.DOC
· PLANNING & Z ',NING BOAR_D_
· cITY OF DELRAY BEACH - STAFF REPORT---
MEETING DATE: June 14, 1993
AGENDA ITEM: II.C.
ITEM: Blood's Grove - Annexation & Initial Zoning
GENERAL DATA:
~ne= .................... ~o~an W. and Ca~o[yn
&gen[ .................... Davtd ~a=den, Ct[y Nanage=
City of Delra¥ Beach
Location ................. South s~de of Old Ge~antown Road,
south of L[nton Boulevard.
Property Size ............ Approximately 16 acres.
C~t¥ Land Use Plan ....... Low Density Residential
Proposed Land Use Plan...Co~un~t¥ Fac~lit~es
County Zoning ............ AR (Agricultural Residential - PBC)
Progosed Zoning .......... CF (Co,unity Facilities)
Adjacent Zon~ng...North= AR (P~), A (Agricultural) and CF
, East= RT (Residential Transitional - PBC)
South: ~ (PBC)
West: AR (PBC)
Existing Land Use ........ A pot[ion of an existing orange grove.
Proposed Land Use ........ Future 10 acre elementa~ school
site and 6 acre City Park.
Water Service ............ Existing 12" water main in Old
Ge~antown Road right-of-way.
Sewer Service ............ Existing 8" sewer main serving Fire II.C.
Station % 5.
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation on
a voluntary annexation (pursuant to Florida Statue 171.044) with
initial City zoning of CF (Community Facilities).
LDR Sections 2.4.5(C) and (D) provide the rules and procedures
for processing of this petition.
The subject property is approximately 16 acres and is located on
the south side of Linton Boulevard, adjacent to Fire Station #5,
and along the west boundary of the Foxe Chase Subdivision.
BACKGROUND:
With the adoption of the Comprehensive Plan in November, 1989, a
need was identified for an elementary school site and a
municipal park in the far southwest portion of the City. In the
ensuing years there have been discussions and negotiations among
the City, the School District, and individual property owners
relative to the siting of the elementary school.
Recently (June, 1993), the School District entered into a
purchase contract with the owner of Blood's Grove for a ten
acre site which would accommodate what is known as Elementary
School Site "S". A contingency in that contract requires the
City to purchase additional, adjacent property for use as a
municipal park. An approximately six acre area has been
identified for such a purpose.
Upon execution of the contract with the School District and upon
the approximate identification of a potential park site, the
owners of Blood's Grove authorized the City of Delray Beach to
initiate and process an annexation petition and what ever land
use applications are appropriate in order to accommodate the
contingency provisions of their contract with the School
District.
In order to provide the best control and to assure expedient
review and processing, it has been decided to annex the subject
property into the City. Along with annexation, there needs to
be designation of City zoning. Other land use processes include
an amendment to the City's Future Land Use Map (FLUM) and
conditional use/site plan approval. The FLUM amendment is being
processed separately, but concurrent with the annexation action.
The conditional use process will occur once sufficient
information is available for sketch plan analysis.
PROJECT DESCRIPTION:
The Future Land Use Map (FLUM) designation and the annexation
/initial zoning items are being processed separately. This
report deals only with the subject of annexation and initial
zoning.
P&Z Staff Report
Blood' s Grove - Annexation
Page 2
The territory proposed for annexation is approximately 16 acres
in area. It is a portion of the Blood's Orange Grove. It
contains a portion of the commercial orchard trees and an area
which is comprised of mainly invasive vegetation.
The applicant wishes to annex into the City, and then sell ten
acres to the Palm Beach County School Board for the elementary
school and to sell approximately six acres to the City of
Delray Beach for municipal park purposes. Thus, the zoning
designation of Community Facilities (CF) is being sought.
As a part of the overall project, but not necessarily associated
with the annexation and rezoning action, are arrangements for
the provision of adequate public facilities i.e. traffic/access,
water supply, and sewer collection. While these items will be
generally addressed in this analysis, they will be analyzed in
detail during the conditional use review process.
ANNEXATION ANAL Y S I S:
Florida Statutes Governing Annexations:
Pursuant to Florida Statue 171.044 "the owner or owners of real
property in an unincorporated area of a county which is
contiguous to a municipality and reasonably compact may petition
the governing body of said municipality that said property be
annexed to the municipality". Pursuant to F.S. 171.044 (5)
"land shall not be annexed through voluntary annexation when
such annexation results in the creation of Enclaves".
* The owner of the subject property has petitioned for a
voluntary annexation.
* The parcel is contiguous via a common boundary with the
property containing Fire Station %5. The site for Fire
Station %5 was annexed on November 26, 1991.
* The property is reasonably compact in that it is
rectangular in shape and it will have access from a
collector roadway.
* The parcel being annexed does not extend to the south
property line of the Blood' s holdings; thereby, not
creating an enclave of the Foxe Chase Subdivision.
Consistency between the City and County Land Use Designations:
The City's current Future Land Use Map designation for the
parcel is "Low Density 0-5 units per acre", while the County
Land Use Designation is "MR-5 (Medium Residential 5 du/a)".
These designations are deemed consistent with one another.
P&Z Staff Report
Blood's Grove - Annexation
Page 3
In a separate action, a change to the City's Future Land Use Map
designation from Low Density Residential to Community Facilities
is being pursued. The City's FLUM designation will be effective
upon annexation and completion of City Plan Amendment 93-2.
Consistency with the City's Comprehensive Plan:
Designated Annexation Area: This requested annexation is
consistent with policy B-3.4, of the City's Future Land Use
Element which calls for the annexation of eligible properties.
The property is shown within the "designated annexation area"
#2, southeast of Linton Boulevard and Military Trail.
Provision of Services: When annexation of property occurs,
services should be provided in a manner which is consistent with
services provided to other similar properties already in the
City (Future Land Use Policy B-3.1). The following is a
discussion of required services and potential provision levels.
Police: In its current state, annexation of the 16 acre area
will not require additional manpower as there is limited use of
the property. There is no need to expand patrol areas as the
police currently pass the property while patrolling the City
areas to the east, west, and north of the site.
With annexation, the property will receive a response time of
between 4 minutes (emergency call) and 6 minutes (non-emergency
call) from the Delray Police Department.
Due to the unique character of the proposed use (elementary
school), there may be a demand upon the Police Department to
provide crossing guards at strategic locations.
Fire and Emergency Services: The annexation of this area will
not require additional fire fighting nor para-medic equipment or
manpower. The property will be served by Fire Station #5 which
is immediately adjacent to it.
With annexation, the property will benefit from an improved
level of service in terms of response time; and, by having fire
suppression and emergency response services on adjacent
property.
Water: A 12" water main exists along the south side of
Germantown Road. It services Fire Station #5. This main will
have to be extended southward to, and through, the school site.
Also, it may be necessary to loop the main either west to the
South County Professional Center or south into Del Aire to
provide adequate pressures and/or system integrity.
The water system obligations and areas of responsibility are
outlined in an Interlocal Agreement of March 4, 1992, as amended
May 25, 1993 between the City of Delray Beach and the Palm Beach
County School Board. The Agreement states the School Board will
P&Z Staff Report
Blood's Grove - Annexation
Page 4
be responsible for provide funding for the installation of a
water main from Germantown Road to the elementary school. The
City will be responsible for the design and improvements
necessary to provide water system integrity (looping of water
mains etc.) and for oversizing of such facilities over and above
sizes required for an elementary school.
Sewer: The nearest sewer main is also located at Fire Station
%5. This sewer main extends north from the fire station,
through the Spanish Wells Subdivision, and to Lift Station 58A.
The sewer system obligations and areas of responsibility with
respect to serving the elementary school are outlined in an
Interlocal Agreement of March 4, 1992, as amended May 25, 1993
between the City of Delray Beach and the Palm Beach County
School Board. Pursuant to the Agreement, the Palm Beach School
Board will install a gravity sewer main from Germantown Road to
the school site. The agreement stipulates that lift station
upgrading will be the responsibility of the City.
In order to properly provide sewer service for the entire
undeveloped area, it may be appropriate to construct a new
(master) lift station which will accommodate not only the school
but all future development on the balance of Blood's Grove and
adjacent properties. The property for such a lift station will
be provided as a part of the park site purchase agreement.
Streets and Traffic: A determination relative to traffic
concurrency is appropriate since the requested zoning is for a
specific land use i.e elementary school and municipal park.
Using acceptable traffic generation rates, the school is
assigned 496 average daily trips. No traffic assignment is
given the park component since, at this level of review, their
is no development proposed for it.
Traffic from the school site will access directly onto
Germantown Road, a City collector which currently functions at
LOS B. This traffic also accesses onto Llnton Boulevard for
west, north, and a portion of south and east bound trips. At
this point of access, Linton Boulevard functions at LOS C. The
point of access onto Linton Boulevard is greater than 1/2 mile
from the intersection of Military Trail and Linton Boulevard.
Pursuant to the governing traffic performance standards, given
the trip generation, that intersection is not significantly
impacted and, thus, is not subject to analysis for concurrency
purposes. However, Palm Beach County has undertaken a project
which will result in complete dual left turn lanes at all
approaches to that intersection. That intersection improvement
project will be completed prior to opening of the elementary
school. Thus, traffic concurrency standards are accommodated.
A traffic service deficiency presently exists at the
intersection of Germantown Road and Linton Boulevard. These
deficiencies are:
* lack of a traffic signal in a warranted situation; and,
* a substandard intersection design.
P&Z Staff Report
Blood's Grove - Annexation
Page 5
The former item will be rectified by installation of a traffic
signal by the County. This programmed improvement is scheduled
for July, 1993.
As part of the development proposal for the subject property,
Germantown Road will be realigned to accommodate a standard
T-intersection at Linton Boulevard (see sketch exhibit). This
realignment will eliminate substandard conditions and will
provide safer accessibility to Blood's Grove.
Pursuant to the Interlocal agreement the School Board will
provide funding for the installation of two lanes of street
pavement (standard section with adjacent sidewalk) from
Germantown Road to the school entrance. The City will
participate in the reconstruction and realignment of the public
street system beyond that necessary to access the school
including such items as additional width, turn lanes, traffic
signal modifications, and intersection improvements on Linton
Boulevard.
Pedestrian Access: The neighborhood area is deficient in
sidewalks along Germantown Road. To meet this deficiency, the
City will install a sidewalk, on the south side of Germantown
Road from the E-4 Canal to Fire Station %5 and along its
realignment to the school site access road. This obligation is
contained within the Agreement between the City and the School
Board.
Parks: The proposed annexation will not create a demand for
additional park facilities, but rather, it will provide land for
meeting current and future demands. This need is identified
within the ANALYSIS section of the Parks and Recreation Element
of the City's adopted Comprehensive Plan. The specific manner
and degree to which shared recreational facilities i.e.
ballfields, all purpose field etc. will be provided is dependent
upon site specific analysis which will be addressed at the time
of conditional use (with sketch plan) review.
Solid Waste: The subject property does not receive this
service. Thus, annexation will not have an effect on solid
waste services. When development does occur, it will be served
by the City's solid waste contractor. The impact of
accommodating solid waste from public facilities such as schools
and parks is calculated into the level of service standard which
has been calculated on a per capita basis for the City. Thus,
this proposed action does not have a level of service impact on
this service.
Fiscal Impacts:
Affect Upon the Annexed Property: Annexation is contingent upon
consummation of sale to the City and the School Board. Thus,
there is no fiscal impact, in terms of taxation and annexation,
upon the current property owner. Neither the City nor the
School Board will be assessed taxes or fees after annexation.
P&Z Staff Report
Blood's Grove - Annexation
Page 6
While in the County, the 16 acre portion of this property had a
liability of approximately $1,818.27 in taxes (15.5% of the
total tax bill). If the property were annexed but not sold, it
would be impacted by an additional $663 in City Taxes under its
agricultural exemption status. Without the exemption, the
municipal tax bill would approximate $2,332.
Affect Upon the City Revenues/Expenses: The City will not
realize any revenue from this annexation and development for
school and park purposes except for water and sewer connection
fees and monthly service fees.
In the previous parts of this analysis, several service and
infrastructure deficiencies were noted. These items are
addressed in the City's Capital Improvement Program.
Allocations include the following:
FUND: Recreational Impact Fee - a $500,000 expenditure in
FY 93/94 for land acquisition and a $800,000
expenditure in FY 97/98 for additional acquisition
and/or park development.
FUND: General Construction Fund - a $150,000 expenditure in
FY 93/94 for participation with the School District in
providing access to Elementary School Site "S".
FUND: Water and Sewer Utility Fund - a $100,000 expenditure
in FY 93/94 for participation with the School District
in providing water and sewer service for Elementary
School Site "S".
ZONING ANALYSIS:
The proposed City zoning is that of "Community Facilities" (CF).
This designation will accommodate the proposed park use as a
permitted use and proposed school as a conditional use.
The current County zoning designation for the parcel is AR
(Agricultural Residential). The surrounding zoning designations
are AR to the south and west, AR in the County and CF in the
City to the north, and RT (Residential Transitional) in the
County to the east.
R E Q u I R E D F I N D I N G S: (CHAPTER 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may
be achieved through £nformation~ on the application, the Staff
Report or Minutes. Findings shall be made by the body which has
the authority to approve or deny the development application.
These findings relate to the following four areas:
P&Z Staff Report
Blood's Grove - Annexation
Page ?
Future Land Use Map= The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
A municipal park is allowed as a principal use and the
elementary school is allowed as a conditional use within
the proposed Community Facilities zoning designation. The
Community Facilities zone district Is deemed consistent
with any land use designation on the Future Land Use Map.
Thus, this finding is met.
Concurrency~ Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established w£thin the
Comprehensive Plan.
The proposal involves the annexation of property in
agricultural use. There are no infrastructure needs to
accommodate the existing use.
Required facilities the elementary school and park (water,
sewer, traffic) have been previously discussed under
"provision of services" section of the staff report. Under
the "fiscal impact" section, identification of funding
sources for the provision of facilities is made.
Provisions for providing the necessary facilities are
contained within the City's Five Year Capital Improvement
Program.
There are no identified level of service deficiencies
associated with the proposed annexation and subsequent
development.
Compliance with Land Development Regulations~
There is not a site specific development proposal as a part of
this annexation and zoning consideration. Given the fact that
the School District is using a proto-type development package
for a ten acre site, that the City will have adjacent property
which will be designed in concert with the School District, and
that, at present, the overall site boundaries still have a
degree of flexibility and thus, can be modified if need be to
accommodate LDR provisions, there should not be a problem in
compliance.
In order to accommodate drainage, the purchase contract provides
that an off-site retention area be provided by the seller
(Blood's Grove). This arrangement will easily satisfy the
accommodation of drainage needs.
P&Z Staff Report
Blood's Grove - Annexation
Page 8
Consistency~
Compliance with the performance standards set forth in Section
3.3.2 (Zoning), along with the required findings in Section
2.4.5, shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making of a
finding of overall consistency. The applicable performance
standards of Section 3.3.2 and other policies which apply are as
follows=
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within stable residential areas shall be
denied.
Since a CF zone designation is being sought, this
performance standard does not have applicability.
B) Performance Standard 3.3.2(D) states= That the rezoning
shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing
and proposed} or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse
impacts from the new use.
The initial zoning designation of CF (Community Facilities)
is to accommodate a elementary school site and a
neighborhood park. By definition, these uses are deemed
compatible with residential land uses. Such land uses
either exists or are planned for adjacent properties.
Notwithstanding, the general statement above, compatibility
concerns with respect to noise and the potential for park
lighting are anticipated to be raised with respect to the
Foxe Chase development to the east. These concerns can
only be addressed when site specific information is
available. This will be addressed during consideration of
the conditional use petition and its attendant sketch plan
in the case of shared recreation facilities, and during
site plan approval with respect to the park site.
Pursuant to Section 2.4.5(D)(1), a Justification statement
providing the reason for which the change is being sought must
accompany all rezoning requests. The Code further identifies
certain valid reasons for approving the change being sought.
The basis for the CF zone designation is that it is
appropriate for the specific uses which are proposed for
the property.
P&Z Staff Report
Blood's Grove - Annexation
Page 9
Policy B-1.1 of the Future Land Use Element providee that a
neighborhood park be located in the vicinity of Blood'e Grove.
Consummation of this annexation with CF zoning, pursuant to
terms of the purchase contact between the property owner
and the School Board will result in partial fulfillment of
this policy. Review of the Parks and Recreation Element
reveals that this park should be of a similar nature to
Barwick Park and shall also accommodate softball and
multi-purpose fields. This objective will be met, in part,
through shared facilities with the School District.
However, it is anticipated that additional park land will
need to be obtained and developed concurrently with further
development of the Blood's Grove holdings.
Policy D-3.6 of the Future Land Use Element provides for a Joint
City/School District effort to locate an elementary echool in
the area south of Llnton Boulevard and east of Military Tra~l.
Consummation of this annexation with CF zoning of the
purchase contract will result in fulfillment of this policy
directive.
REVIEW BY OTHERS:
The annexation is not in a geographic area requiring review by
either the HPB (Historic Preservation Board), DDA (Downtown
Development Authority), or the CRA (Community Redevelopment
Agency).
On May 24, 1993 the Palm Beach County Planning Division was
notified of the City's intent to annex this property. To date a
response has not been received.
Courtesy notices were sent to:
* Helen Coopersmith (PROD)
* Erminio P. Guiliano (Foxe Chase)
* Saul Weinburger, (Del Alre)
* Jim Goggin (Shadywoods)
* Shadywoods Homeowners Association
* Grethen Bacon (Oakmont)
* Spanish Wells Condo Association '
* Country Lake Association
- ASSESSMENT AND CONCLUSIONS:
The proposed annexation is consistent with policies in the
Comprehensive Plan and is allowable under State law. The zoning
of Community Facilities (CF) is appropriate given the intended
use of the property and the fact that the contractual sale of
the property (for the specific uses) is contingent upon approval
for those uses.
P&Z Staff Report
Blood's Grove - Annexation
Page 10
Since the City is an active participant In the eventual use of
the property and in providing infrastructure for the elementary
school, there is special significance to this annexation action.
However, the costs associated with the eventual development are
included in the City's capital improvement programming and
reservation of funding has already been accommodated.
Consummation of this annexation and zoning of CF accommodates
the initial steps in implementing directions and policies of the
City's adopted Comprehensive Plan i.e. an elementary school site
south of Ltnton Boulevard and east of Military Trail, and siting
of a municipal park in the far southwest quadrant of the City.
It is noted however, that the full park needs as stated in the
Parks and Recreation Element will not be met by the limited park
area which is under consideration at this time.
A L T E R N A T I V E S:
A. Continue with direction.
B. Recommend approval of the annexation request with initial
zoning of CF (Community Facilities).
C. Recommend denial of the Annexation petition with reasons
stated i.e. a failure to make appropriate findings.
STAFF RECOMMENDATION:
By motion:
Recommend approval of the Annexation request with an
initial zoning designation of CF (Community Facility) based
upon positive findings with respect to Section 3.1.1,
Section 3.3.2, Section 2.4.5(D)(1) and policies of the
Comprehensive Plan and upon the following findings;
That the property is contiguous, reasonably compact
and does not create an enclave.
That services will be provided to the property in a
manner similar to other similar properties within the
City.
DJK/SANNEX.DOC
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I 10-23-e~ 'J ANNEXATION PER OR0. e41-eo I~~'. ~1~'.~,~ ~ J t,, 12-03-et REZON~NG PER ORO. elS-Or
PROPOSED RIGHT OF WAY / ,
, /
PROPOSED PAVEMENT
................. FUTURE RIGHT OF' WAY
FUTURE PAVEMENT
~tCITY °f DELRAY BEACH '{ SCHOOL SITE
ENWIRONMENTAL SERVICES DEPARTMENT '~][
4.si sotrm sTm"ros ,t'f~ l)~Y BgACH, rtOlUD,t ~t44 II ACCESS ROAD
CITY OF DELRAY BEACH~ FLORIDA NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on the following proposed ordinance at
7:00 P.M. on TUESDAY, MARCH 22, 1994 (or at any continuation of such
meeting which is set by the Commission), in the City Commission
Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida, at which time the
City Commission will consider its adoption. The proposed ordinance may
be inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida, between the hours of 8:00 a.m. and 5:00
p.m., Monday through Friday, except holidays. All interested parties
are invited to attend and be heard with respect to the proposed
ordinance.
ORDINANCE NO. 6-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, LAND SOUTH OF THE INTERSECTION OF GERMANTOWN
ROAD AND LINTON BOULEVARD LYING AND BEING IN SECTION
25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY; SAID LAND BEING GENERALLY LOCATED
ON THE SOUTH SIDE OF GERMANTOWN ROAD, SOUTH OF LINTON
BOULEVARD IMMEDIATELY WEST OF FOXE CHASE SUBDIVISION;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING FOR THE ZONING THEREOF TO CF (COMMUNITY
FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Norman W. Blood, Jr. and Carolyn J. Blood are the
fee-simple owners of a parcel of land lying and being in Section 25,
Township 46 South, Range 42 East, Palm Beach County, Florida, as the
same is more particularly described herein; and
WHEREAS, the City of Delray Beach, as the authorized agent for
the fee-simple owners as hereinabove named, has requested by 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 designation of a zoning classification is part of
the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the proposed
zoning designation; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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 contiguous to said City to-wit:
Parcel 1:
That part of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida, described as follows:
Begin at the northwest corner of the plat of FOXE
CHASE, according to the plat thereof recorded in Plat
Book 38, Pages 1 and 2 of the Public Records of Palm
Beach County, Florida; thence South 01 degrees 07'33"
East, along the West line of said plat of FOXE CHASE, a
distance of 707.79 feet to the point of beginning;
thence continue South 01 degrees 07'33" East along said
West line, a distance of 726.00 feet; thence South 88
degrees 52'27" West a distance of 600.00 feet; thence
North 01 degrees 07'33" West a distance of 726.00 feet;
thence North 88 degrees 52'27" East a distance of
600.00 feet to the said point of beginning.
Containing 10 acres, more or less.
Parcel 2:
That part of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida, described as follows:
Commence at the Northwest corner of the plat of FOXE
CHASE, according to the plat thereof recorded in Plat
Book 38, Pages 1 and 2 of the Public Records of Palm
Beach County, Florida; thence South 1 degree 07'33"
East.along the West line of said plat of FOXE CHASE,
272.79 feet to the point of beginning; thence continue
South 1 degree 07'33" East along said West line, 435.00
feet; thence South 88 degrees 52'27" West, 500.00 feet;
thence North 1 degree 07'33" West, 360.00 feet; thence
North 43 degrees 52'27" East, 212.13 feet; thence North
1 degree 07'33" West, 197.79 feet; thence North 88
degrees 52'27" East, 150.00 feet; thence South 1 degree
07'33" East, 272.79 feet; thence North 88 degrees
52'27" East, 200.00 feet to the said point of
beginning.
Containing 6 acres, more or less.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
parcels and said land is hereby declared to be within the corporate
limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the parcels hereinabove described
are hereby declared to be in Zoning District CF (Community Facilities)
as defined by existing ordinances of the City of Delray Beach.
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 all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. 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 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
The above ordinance is published in full as required by Section 2.03(b)
of the City Charter of the City of Delray Beach, Florida. Please be
advised that if a person or persons decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such person(s) will need a record of these
proceedings, and for this purpose such person(s) 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 to be based. The City
does not provide nor prepare such record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
March 12, 1994 Alison MacGregor Harty
City Clerk
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF ANNEXATION/ZONING
ORDINANCE NO. 6-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND SOUTH OF THE
INTERSECTION OF GERMANTOWN ROAD AND LINTON BOULEVARD LYING AND
BEING IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND BEING GENERALLY LOCATED ON THE SOUTH SIDE OF
GERMANTOWN ROAD, SOUTH OF LINTON BOULEVARD IMMEDIATELY WEST OF
FOXE CHASE SUBDIVISION; REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF (COMMUNITY
FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE
PROPERTY TO BE ANNEXED/ZONED IS SHOWN BELOW. A COMPLETE LEGAL
DESCRIPTION BY METES AND BOUNDS AND A COPY OF ORDINANCE NO. 6-94
CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK, CITY HALL, 100
N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA.
(INSERT ATTACHED MAP HERE)
The above notice is published as required by State law. The
proposed ordinance and complete legal description of the property
to be annexed/zoned may be inspected at the office of the City
Clerk at City Hall, 100 N.W. /st Avenue, Delray Beach, Florida,
between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday, excluding holidays.
The City Commission will meet in the Commission Chambers at City
Hall on Tuesday, March 22, 1994, at 7:00 p.m. (or at any
continuation of such meeting which is set by the Commission), at
which time the ordinance will be read by title only and all
persons interested will be given an opportunity to be heard.
Please be advised that if a person or persons decides to appeal
any decision made by the City Commission with respect to any
matter considered at ths meeting or hearing, such persons will
need a record of these proceedings, and for this purpose such
persons 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 to be based. The City does not
provide nor prepare such record. Pursuant to F.S. 285.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
March 12, 1994 Alison MacGregor Harty
March 19, 1994 City Clerk
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: A~ENDA ITEM # ~ ~ - MEETING OF FEBRUARY 22. 1994
QRDINANCE NQ, 6-94:
DATE: FEBRUARY 18, 1994
This is first reading of a City-initiated ordinance annexing and
initial zoning of a 16 acre portion of Blood's Hammock Groves for
School Site "S" and a proposed 6 acre City park. The property is
located along the eastern boundary of Blood's Hammock Groves,
adjacent to Fire Station #5 and the Foxe Chase subdivision.
This annexation and initial zoning involves property that is to be
developed as a park (6 acres) and an elementary school (10 acres). A
need for both the school and the park in the southwest area was
identified in the City's Comprehensive Plan. Both properties are in
the process of being sold by the Bloods; the park site to the City,
and the school site to the Palm Beach County School District.
A Future Land Use Map (FLUM) amendment assigning a Community
Facilities designation to this property was processed separately as
part of Amendment 93-2.
Recommend approval of .Ordinance 6-94 annexing a 16 acre portion of
Blood's Hammock Groves with an initial zoning designation of CF
(Community Facilities), based on positive findings with respect to
the Comprehensive Plan Section 3.1.1(A-D) Required Findings, Section
3.3.2 Standards for Rezoning Actions, Section 2.4.5(D)(1) Change of
Zoning District Designation, and upon the following findings:
That the property is contiguous, reasonably compact, and does
not create an enclave; and
That services will be provided to the property in a manner
similar to other similar properties within the City.
If passed, public hearing on March 22, 1994.
ORDINANCE NO. 6-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, LAND SOUTH OF THE INTERSECTION OF GERMANTOWN
ROAD AND LINTON BOULEVARD LYING AND BEING IN SECTION
25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND
BEING GENERALLY LOCATED ON THE SOUTH SIDE OF
GERMANTOWN ROAD, SOUTH OF LINTON BOULEVARD
IMMEDIATELY WEST OF FOXE CHASE SUBDIVISION;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF
(COMMUNITY FACILITIES) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Norman W. Blood, Jr. and Carolyn J. Blood are the
fee-simple owners of a parcel of land lying and being in Section 25,
Township 46 South, Range 42 East, Palm Beach County, Florida, as the
same is more particularly described herein; and
WHEREAS, the City of Delray Beach, as the authorized agent
for the fee-simple owners as hereinabove named, has requested by
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 designation of a zoning classification is part
of the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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 contiguous to said City to-wit:
Parcel 1:
That part of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida, described as
follows:
Begin at the northwest corner of the plat of FOXE
CHASE, according to the plat thereof recorded in Plat
Book 38, Pages 1 and 2 of the Public Records of Palm
Beach County, Florida; thence South 01 degrees 07'33"
East, along the West line of said plat of FOXE CHASE,
a distance of 707.79 feet to the point of beginning;
thence continue South 01 degrees 07'33" East along
said West line, a distance of 726.00 feet; thence
South 88 degrees 52'27" West a distance of 600.00
feet; thence North 01 degrees 07'33" West a distance
of 726.00 feet; thence North 88 degrees 52'27" East a
distance of 600.00 feet to the said point of
beginning.
Containing 10 acres, more or less.
Parcel 2:
That part of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida, described as
follows:
Commence at the Northwest corner of the plat of FOXE
CHASE, according to the plat thereof recorded in Plat
Book 38, Pages 1 and 2 of the Public Records of Palm
Beach County, Florida; thence South 1 degree 07'33"
East along the West line of said plat of FOXE CHASE,
272.79 feet to the point of beginning; thence
continue South 1 degree 07'33" East along said West
line, 435.00 feet; thence South 88 degrees 52'27"
West, 500.00 feet; thence North 1 degree 07'33" West,
360.00 feet; thence North 43 degrees 52'27" East,
212.13 feet; thence North 1 degree 07'33" West,
197.79 feet; thence North 88 degrees 52'27" East,
150.00 feet; thence South 1 degree 07'33" East,
272.79 feet; thence North 88 degrees 52'27" East,
200.00 feet to the said point of beginning.
Containing 6 acres, more or less.
- 2 - Ord. No. 6-94
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
parcels and said land is hereby declared to be within the corporate
limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the parcels hereinabove described
are hereby declared to be in Zoning District CF (Community Facilities)
as defined by existing ordinances of the City of Delray Beach.
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 all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. 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 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 6-94
LINTON 80ULEYARO
----'-mi '
PA, Lid
GI'TY OF T)~.,RAY BCAO,I
ANNEXATION AND
LAND USE: AMENDMENT
TO A PORTION OF'
BLOODS GROVE