44-93£1T'i' UF DELRI ¥ BEI3£H
!00 ~ ~t~ 1-t ~VENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
1993
Auditor
Waste Management Co.
651 Industrial Way
Boynton Beach, FL 33426
Re: Annexation Ordinances/City of Delray 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,
A ison MacGregdr Harty
City Clerk
AMH/m
Enclosures
THE EFFORT ALWAYS MATTERS
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
October 1, 1993
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 August 12, 1993 and
certified copy of Ordinance No. 44-93 annexing certain lands
into the City of Delray Beach, which was filed in this office
on September 30, 1993.
Since~rely, ~
Liz Cloud~, Chief
Bureau of Administrative Code
LC/dlb
ORDINANCE NO. 44-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, LAND 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 EAST SIDE OF
MILITARY TRAIL, SOUTH OF LINTON BOULEVARD; REDEFINING
THE BOUNDARIES OF SAID C~Y TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO AG (AGRICULTURE)
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, MDL Realty Co., a Michigan Partnership, c/o Z.E.
Taheri, M.D., is the fee-simple owner 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, Kiernan J. Kilday, Kilday & Associates, as the duly
authorized agent for the fee-simple owner 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
WHERF,%S, 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 lands located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
The Southwest Quarter (SW 1/4) of the Northwest Quarter
(NW 1/4), LESS the West 40 feet thereof for road
right-of-way, and LESS the South Half (S 1/2) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW
1/4) of the Northwest Quarter (NW 1/4), all in Section
25, Township 46 South, Range 42 East, Palm Beach
County, Florida.
The subject property being generally located on the
east side-of Military Trail, south of Linton Boulevard;
and. containing 35.43 acres 0~ land, more or less.
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 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 tract of land hereinabove
described is hereby declared to be in Zoning District AG (Agriculture)
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,
includ.ing 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.
- 2 - Ord. No. 44-93
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 10th day of August , 1993.
ATTEST:
~City Ci~rk ;
First Reading June 22, 1993
Second Reading Auqust 10, 1993
- 3 - Ord. No. 44-93
lIT',' DF I]ELIII ',' BEII[H
I:IRE DEPARTMENT
MEMORANDUM
TO: PERSONS ADDRESSED
FROM: MICHAEL D. CATO, DIVISION CHIEF
DATE: AUGUST 24, 1993
SUBJECT: TAHERI ANNEXATION
The following property was annexed into the City of Delray
Beach effective August 10, 1993.
ORD. NO. OCCUPANT ADDRESS AND DESCRIPTION
44-93 Boca Growers Nursery. 16321 S. Military Trail
contains 35.427 Acres single family house and barn
Michael D. Cato
Division Chief
MDC/am
FIRE DEPARTMENT HEADQUARTERS' 101 WEST ATLANTIC AVENUE' DELRAY BEACH, FLORIDA 33444
~l~t7/9,~%7,~gf] · FAX 407/265-4660
ORDINANCE NO. 44-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, LAND 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 EAST SIDE OF
MILITARY TRAIL, SOUTH OF LINTON BOULEVARD; 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 AG (AGRICULTURE)
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, MDL Realty Co., a Michigan Partnership, c/o Z.E.
Taheri, M.D., is the fee-simple owner 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, Kiernan J. Kilday, Kilday & Associates, as the duly
authorized agent for the fee-simple owner 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 lan~s located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
The SOuthwest Quarter (SW 1/4) Of the Northwest Quarter
(NW 1/4), LESS the West 40 feet thereof for road
right-of-way, and LESS the South'Half (S 1/2) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW
1/4) of the Northwest Quarter (NW 1/4), all in Section
25, Township 46 South, Range 42 East, Palm Beach
County, Florida.
The subject property being generally located on the
east side of Military Trail, south of Linton Boulevard;
and containing 35.43 acres of land, more or less.
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 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 tract of land hereinabove
described is hereby declared to be in Zoning District AG (Agriculture)
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 no~ affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
- 2 - Ord. No. 44-93
Section $. 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 10th day of August , 1993.
ATTEST:
~City C~rk !
First Reading June 22, i993
Second Reading Auqust 10i 1993
- 3 - Ord. No. 44-93
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DIST~RIBUTION LIST
FROM: PAUL DORLING,~SENIOR PLANNER
DATE: AUGUST 10, 1993
RE: TAHERI ANNEXATION
On August 10, 1993 the City Commission approved on second and
final reading the annexation of the Tahert property, located on
the east side of Military Trail, south of Llnton Boulevard. ~The
attached map shows the property which is now within the
municipal boundaries and under municipal Jurisdiction.
The following property data is attached for your information. If
you have any questions please call me at ext. 7043.
PD/Ja
Ref/Anxtah
TAHERI - ANNEXATION BRIEF
UPDATED AUGUST 10, 1993
Property Control No.: 00-42-46-25-00-000-3050
Acreage: 35.427
Taxable Value: $194,653.00 (existing agricultural exemption)
$798,295.00 (without agricultural exemption)
Number of Buildings on Parcel: 2 (single family house and barn)
Owner's Name & Address: MDL Realty Co. c/o Z Taheri
1500 S. Ocean Blvd
# 12065
Boca Raton, FL 33432
County Street Address: 16321S. Military Trail (Boca Groves)
County Land Use Designation: MR-5 - Medium Residential'5 units
per acre
City Land Use Designation existing: Medium Density
Residential
City Land Use Designation proposed: Transitional
City Zoning Designation: A (Agricultural)
Current Use of Property: Wholesale Nursery
Legal Description: The SW 1/4, of the NW 1/4, less the W 40 feet
thereof for road right-of-way, and less the S 1/2 of the SW 1/4
of the SW 1/4 of the NW 1/4 all in Section 25, Township 46
South, Range 42 East, Palm Beach County, Florida.
Name of Business: Taheri Boca Groves
t:\old\anxtah
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM $ /O ~ _ MEETING OF AUGUST 10. 1993
ORDINANCE NO. 44-93
DATE: August 6, 1993
This is the second reading of an ordinance annexing to the City a
35.427 acre parcel, Taheri property, located on the east side of
Military Trail, south of Linton Boulevard with initial City zoning of
AG (Agriculture).
There are currently two structures on this site, a single family home
and a barn used in conjunction with the existing nursery operation.
There is no proposal for a change in the intensification of use. The
applicant wishes to annex into the City, and continue the existing
nursery operation under an agricultural holding zone district.
Accommodating the annexation and affixing initial City zoning of AG is
consistent with the City's program for annexation of territory within
its planning and service area. There appears to be no adverse
implications associated with this annexation and zoning
consideration.
The Planning and Zoning Board at their June 14th meeting recommended
approval of the annexation. A detailed staff report is attached as
backup for this item.
At the June 22nd regular meeting, Ordinance No. 44-93 passed on first
reading with a 4-0 vote (Mrs. Smith - absent).
Recommend approval of Ordinance No. 44-93 on second and final
reading.
ORDINANCE NO. 44-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, LAND 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 EAST SIDE OF
MILITARY TRAIL, SOUTH OF LINTON BOULEVARD; 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 AG (AGRICULTURE)
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, MDL Realty Co., a Michigan Partnership, c/o Z.E.
Taheri, M.D., is the fee-simple owner 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, Kiernan J. Kilday, Kilday & Associates, as the duly
authorized agent for the fee-simple owner 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
Beachf Palm Beach County, Florida, hereby annexes to said City the
following described lands located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
The Southwest Quarter (SW 1/4) of the Northwest Quarter
(NW 1/4), LESS the West'40 feet thereof for road
right-of-way, and LESS the South Half (S 1/2) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW
1/4) of the Northwest Quarter (NW 1/4), all in Section
25, Township 46 South, Range 42 East, Palm Beach
County, Florida.
The subject property being generally located on the
east side of Military Trail, south of Linton Boulevard';
and containing 35.43 acres of land, more or less.
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 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 tract of land hereinabove
described is hereby declared to be in Zoning District AG (Agriculture)
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.
- 2 - Ord. No. 44-93
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 , 1993.
MAYOR
ATTEST:
City Clerk
First Reading June 22, 1993
Second Reading
- 3 - Ord. No. 44-93
CITY COMMISSION DOCUMENTATION
TO: -- T A. BARCINSKI, ACTING CITY MANAGER
FROM: DAVID J. KOVACS, DIRECTOR --
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JUNE 22, 1993
ANNEXATION AND INITIAL ZONING~ TAHERI PROPERTY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance which effects the
annexation of the Taheri property with an initial municipal
zoning of Agriculture (Ag).
The property involves approximately 35 acres located on the
east side of Military Trail, south of Linton Boulevard.
BACKGROUND:
Attached is the Planning and Zoning Board staff report which
provides a full description and analysis of this annexation and
initial zoning consideration.
Previously on the City Commission agenda, a public hearing was
conducted on a related Plan (FLUM) Amendment. Since the
requested initial zoning is that of Agriculture, and it is
applied as a "holding" zone, it is appropriate to proceed with
the annexation and zoning action without consummation of the
FLUM Amendment.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of June 14th and forwarded it with a unanimous
recommendation of approval.
At the Board's hearing~comments were entered by Sol Weinberger,
representing Del Aire Homeowners Association, in general
opposition to proceeding. Also, Carol Stanley entered comments
pertaining to statements in the staff report about the location
of a previously identified collector street and characterization
of the hammock grove found on the Blood's Grove property.
City Commission Documentation
Annexation & Initial Zoning, Taheri Property
Page 2
RECOMMENDED ACTION:
By motion, approve the Ordinance on first reading; and schedule
second reading for July 2~th.
Attachment:
* P&Z Staff Report & Documentation of June 14, 1993
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: June 14, 1993
AGENDA ITEM: II.B.
~EM: Taheri Property - Aa~exation
& Initial Zoning
GENERAL DATA:
Owner .................... MD~ Realty CO.c\o g. E. Taher!
Location ................. East side of Military
Trail, south of Llnton
Boulevard.
Proport¥ Size ............ 35.43 acres
City Land Use Plan ....... Medium Density
Residential
Proposed Land Use Plan...Translttonal
County Zoning ............ AR (Agricultural
Resident~al)
Proposed Zoning .......... A (Agricultural
- Holding Zone)
Adjacent Zoning...North: POC (Planned Office
Center)
East: AR (Agricultural
Residential - PBC)
South: AR
West: RS (Residential -
Single Family - PBC)
and AR
Existing Land Use ........ Wholesale nursery.
Proposed Land Use ........ Wholesale nursery.
Water Service ............ Existing 12" water main
along Military Tra/1.
Sewer Service ............ Existing 8" sewer main
serving the South County.
Professlonal Plaza, to
the north of the site.
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 AG (Agricultural).
LDR Sections 2.4.5(C) & (D) provide the rules and procedures for
the processing of this petition.
The subject property is 35.427 acres and located on the east
side of Military Trail south of Linton Boulevard immediately
south of the South County Professional Building.
BACKGROUND:
With the adoption of the City's Comprehensive Plan in November
1989 a need was identified for a future school site in the
southwest portion of the City, in the vicinity of Blood's Grove
and the Taheri property (subject property). In April, 1993 a
request was received by the agent for-the Taheri property for
annexation, Land Use Plan Amendment from Medium Density to CF
and General Commercial, and an initial zoning of CF (Community
Facility) and General Commercial. These land use actions were
to accommodate a ten-acre elementary school and approximately 25
acres of future commercial development.
Subsequent to the submission of these land use petitions the
Palm Beach County School Board tentatively selected property
within Blood's Grove as the site of the new elementary school.
During preliminary review of the requests, the adjacent
neighborhoods expressed opposition to the proposed commercial
designation requested for the balance of the property.
Given the uncertainty of the location of the school site and in
response to concerns aired about General Commercial zoning, the
applicant voluntarily amended his petition to seek a
land use designation of "Transitional" and to continue
annexation but with an A (Agricultural) zoning designation.
PROJECT DESCRIPTION:
The Future Land Use Map (FLUM) designation and the annexation/
initial zoning items are processed separately. This report
deals only with the subject of annexation and initial City
zoning.
The 35.427 acre site currently has two structures on it, a
single family home and a barn used in conjunction with the
existing nursery operation. There is no proposal for a change
or intensification of use.
The agplicant wishes to annex into the City, and continue the
existing nursery operations under an agricultural holding
zoning district.
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 2
ANNEXATION ANALYSIS:
Florida Statutes Governing Annexations:
Pursuant to Florida Statue 171.044 "the owner or owners of real
property in an incorporated 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 property is contiguous with the City, reasonably
compact, and its annexation will not create an enclave.
The parcel is contiguous via the South County Professional
Office Center to the north. The parcel does not abut Del
Aire Golf Course to the south thereby not isolating the
Bloods Grove and Foxe Chase subdivision into a separate
enclave.
Consistency between the City and County Future Land Use Map
Designations:
The City's current Future Land Use Map designation for the
parcel is "Medium Density 5-12 units per acre", while the County
Land Use Designation is "MR-5 - Medium Residential 5 units per
acre". The applicant is seeking a change of-the City Land Use
designation to "Transitional". The Transitional land use
designation allows residential development at a density between
five and twelve units per acre and nonresidential development at
an intensity equivalent to that associated with medium density
residential uses. The subject of the designation on the Future
Land Use Map is addressed in a separate report.
Notwithstanding the above information, the City' s FLUM
designation will become effective upon annexation and completion
of City Plan Amendment 93-2.
Consistency With the City's Comprehensive Plan.'
Des ignated 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 ms shown within the "designated annexation area"
#2, southeast of Llnton and Military Trail.
Provision of Services: When annexation of property occurs,
services are to 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.
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 3
Police~ This annexation 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 south and north of the
site.
With annexation, the property will receive a response time from
between 4 minutes (emergency call) and 6 minutes (non-emergency
call) from the Delray Police Department.
Fire and Emergency Servlces~ 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 No. 5
(Germantown Road and Linton Boulevard) which is located
approximately one mile away.
With annexation, the property will receive an improved level of
response time from the current 2 to 3 minutes of the County Fire
Department (Pheasant Walk station) to i minute for the City Fire
Department (Germantown Road and Linton Boulevard).
Water~ The existing nursery operatkon currently utilizes a well
for all water use. The parcel has access to a 12" water main
which runs along its property frontage down the east side of
Military Trail. Full water service is available to the
property. The responsibility for connections rests with the
property owner.
Future development of the property will require extension of the
water main into, and through, the site to its eastern boundary.
Looping of the mains for system integrity north to the South
County Professional Office Center or south to the main within
Del Aire subdivision may be required to accommodate on-site
development.
The 300' required minimum fire hydrant spacing is not met in
this area. The installation of a fire hydrant at the current
point of entry to the on-site nursery should be programmed.
Until that time, a pumper unit would respond to an on-site fire.
Sewer~ The existing nursery operation utilizes a septic field.
The nearest sewer to the site is located north in the South
County Professional Center. It is not required that connection
to central sewer be made at this time.
Development of the property will require accessing lift station
No. 60A which is located west of the South County Mental Health
Facility, approximately 800 feet north of this property.
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 4
Streets and Traffic: Compliance with traffic concurrency does
not apply to the annexation and initial zoning since a new
zoning designation is not being imposed. Both the current
County zoning designation and the proposed City zoning
designation is Agricultural.
With future rezoning and/or review of a development proposal, a
finding of compliance with traffic concurrency will need to be
made.
Upon development of the si~e, a portion of a planned 80'
collector road which will run between Linton and Military Trail
is to be accommodated. With the initial annexation petition a
conceptual plan was provided showing the general layout of a
middle school, the location of the proposed 80' collector
roadway, drainage retention areas and the private development
areas. Although the concept plan is not applicable to the
current annexation request, the following is highlighted to
assure that future development will accommodate it.
The proposed alignment of the collector road was shown
extending east across the property and terminating at the
western edge of a~ env~r~r.~nta!!~ ee~&&~Hammock stand
on the Bloods Grove property. In the City's Comprehensive
Plan this stand of trees has been identified as an area
which is to be preserved. Preservation of the hammock
grove will require realignment of the eastern portion of
the roadway approximately 200' to the north.
Parks: The current use of the property (nursery) does not
create a demand for park usage. Thus, there will be no change
to this service upon annexation.
Future development of the parcel with residential units will
require compliance with the City's regulations for payment of an
in-lieu parks fee. Currently that fee is established at $500
per residential unit. [Ref: LDR Section 5.3.2.(C)(1)]
Solid Waste: As there is no change in actual land use and there
is no change in destination landfill, there is no impact to
solid waste disposal. However, there will be change in purveyor
of the service.
Fiscal Impacts~
Affect upon the annexed property: For the 1992 tax year the
Taheri property had an assessed value of $798,295. An
Agricultural exemption has been granted for the property; thus,
the taxable value of the property is $194,653.
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 5
With the change from County to City Jurisdiction, the following
taxes and rates will be affected:
Ad Valorem Taxes Millaqe With Annexation
Fire/Rescue Mstu 2.3879 Deleted (County)
Library .3885 Deleted (County)
City of Delray Beach 6.2000 Added (City)
City of Delray Beach Debt .9500 Added (City)
+4.3736 Difference *
· Total tax millage in the County is 19.38 mills while in the
City the total millage rate is 23.75 mills.
The Taheri property Will have an increase in taxes from
approximately $3,772 to $4,623 a year (an increase of
approximately $851).
In addition to property taxes, the following Non Ad Valorem
fiscal impositions apply.
Delray Beach 8tor~ Water Ut~l£t¥ - This City assessment will be
approximately $27.00 a year based upon the combined impervious
area for the single family structure and the nursery
structure/barn.
Solid Waste Authority - A reduction in collection rates from
approximately, $255.00 to $119.00 a year should be experienced.
Affect Upon City Revenues/Expenses: At the 1992 City millage
rate of 6.20 mills and debt rate of .95 mills, the Taher~
property will provide $1,206.84 and $184.92 respectively in new
ad Valorem taxes to the City per year. This ts a total property
tax increase of $1,391.76 a year. In addition, $27/year is to
be realized In the storm drainage assessment.
Additional revenue will be realized through the annual
collection of an occupational license fee for the nursery
operation.
As the property will be utilizing its current agricultural use
per capita reimbursements will not be realized; nor will there
be revenue to the water and sewer enterprise funds.
While the City will not receive any substantial revenue from
this annexation, it will not incur significant demand for the
provision of services.
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 6
Z 0 N I N G A N A L Y S I S:
The proposed initial City zoning of "Agricultural" is being
affixed to the entire property to serve as a holding zone
pending the formation of development plans. This designation
will allow the continuation of the existing nursery business as
well as the existing agricultural exemption status. With
further development of the site, the applicant will be required
to submit a formal rezoning request.
The current County zoning designation for the parcel is AR
(Agricultural Residential). The proposed initial City zoning
designation is AG (Agricultural). There is no change in the
actual land use which will occur on the property.
R E Q U I R E D F I N D I N G Ss (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 information 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:
Future Land Use Maps The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The applicant is seeking an "Agricultural" zoning district
which will act as a "holding" zoning designation as no
development is contemplated at this time. The agricultural
zone district is considered compatible with any land use
designation when used in this capacity.
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 within the
Comprehensive Plan.
The proposal involves the annexation of an existing nursery
operation and related single family home with no new
development proposed at this time. There will be no change
in the manner in which water, sewer, drainage, and
street/traffic services are provided. Fire, Police, EMS,
and Solid Waste services will shift to a different
provider; however, all these services will be equal to or
enhanced (see annexation analysis for details).
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 7
Compliance with Land Development Regulations~
The existing nursery (agricultural) use is in compliance
with the proposed zoning of Agriculture.
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.
As the property and adjacent parcels are not developed
for residential purposes this standard does not apply.
B) Performance Standard 3.3.2(D) states~ That the rezone
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 will accommodate the
existing nursery use and acts as a "holding zone"
pending a future development proposal. The existing
agricultural land use is compatible with other
agricultural uses to the west and east and office uses
to the north.
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.
As this zoning petition is an initial zoning designation to
be assigned to property being annexed and the zoning is
essentially the same as exists under current County
regulations, the above section does not apply.
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).
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 8
On May 24, 1992 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:
* the City of Boca Raton (within 1/4 mile),
* Helen Coopersmith (PROD),
* Erminio P. Giuliano (Foxe Chase)
* Saul Weinburger (Del Aire),
* Jim Goggin (Shadywoods),
* Gretchen Bacon (Oakmont)
* Spanish Wells Condo Association,
* Country Lake Association, and
* Shadywoods Homeowners Association.
ASSESSMENT AND CONCLUSIONS:
Accommodating the annexation of the Taheri property and affixing
initial City zoning of AG (Agriculture) Is consistent with the
City's program for annexation of territory within its planning
and service area. There appear to be no adverse implications of
this annexation and zoning consideration. By accommodating the
annexation at this point in time, both the City and the property
owner will be able to more efficiently process any future
development proposal. Also, annexation at this time will
further reduce confusion in the provision of services to
unincorporated areas which lay east of Military Trail.
As stated previously, there is an accompanying land use
designation request being concurrently processed. Technically,
a municipality is to annex property and effect a land use
designation. It appears appropriate in this situation that the
annexation proceed to completion regardless of the action on the
accompanying land use item. We note that the land use action
will provide a more intense designation than is accommodated
under the County FLUM.
This conclusion is reached on the basis that the applicant is
completing the annexation and initial zoning process in order to
be in a better position to accommodate future development
options. Except for a minor increase in taxes and fees, there
appears to be no downside to consummation of the annexation.
P&Z Staff Report
Annexation and Initial Zoning of Taheri Property
Page 9
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 designation of AG (Agricultural).
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 AG (Agricultural) 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/TAHARI;%/(.DOC
PLANNING AND ZONING DEPARTMENT MEMORANDUM
· TO: Sandy Roberts, Office Records Manager Kerry Koen, Fire Chief
Mike Cato, Fire Department Division Chief
Richard Overman, Police Chief
Mike Wright, Director of Support Services/Police
Department
Jan Williams, Utility Billing Manager
FROM: JASMIN ALLEN, PLANNER/J~ ~~
DATE: JULY 29, 1993
RE: TAHERI ANNEXATION
Please note the change in the effective date of the proposed
annexation for the Taheri Property. Second reading of the
enacting ordinance for the Taheri Annexation was rescheduled
from July 27, 1993 to August 10, 1993. Annexation will be
effective immediately upon adoption of second reading.
If you have any questions please call me at ext. 7044.
CITY OF DELl:lilY BEII£H
~ 1[)0 ~N ', :~t AVEU'jE · ,DE!.F~AY 8EACH, FLORIDA 33444 · 407/243-7000
1993
J~ly 29, 1993
Mr. Lindsey Walter
Kilday & Associates
1551 Forum Place
Building 100
West Palm Beach, FL 33401
Re: Ordinance No. 44-93/Taheri Annexation
Dear Mr. Walter:
Enclosed for your file is a copy of the errant advertisement
pertaining to the above referenced matter.
Since the wrong map was published by the newspaper in the July
23rd ad, the public hearing scheduled for July 27, 1993, was
postponed by the City Commission to the regular meeting of August
10, 1993, at 7:00 p.m. in Commission Chambers. This will allow
sufficient time for the newspaper to publish a corrected
advertisement.
If you have any questions, please do not hesitate to contact me.
Sincerely,
City Clerk
AMH/m
Enclosure
THE EFFOR'~ ALWAYS MATTERS
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # /O ~ - MEETING OF JULY 27. 1993
ORDINANCE NO. 44-93
DATE: July 23, 1993
This is the second reading of an ordinance annexing to the City a
35.427 acre parcel, Taheri property, located on the east side of
Military Trail, south of Linton Boulevard with initial City zoning of
AG (Agriculture).
There are currently two structures on this site, a single family home
and a barn used in conjunction with the existing nursery operation.
There is no proposal for a change in the intensification of use. The
applicant wishes to annex into the City, and continue the existing
nursery operation under an agricultural holding zone district.
Accommodating the annexation and affixing initial City zoning of AG is
consistent with the City's program for annexation of territory within
its planning and service area. There appears to be no adverse
implications associated with this annexation and zoning
consideration.
The Planning and Zoning Board at their June 14th meeting recommended
approval of the annexation. A detailed staff report is attached as
backup for this item.
At the June 22nd regular meeting, Ordinance No. 44-93 passed on first
reading with a 4-0 vote (Mrs. Smith - absent).
Recommend approval of Ordinance No. 44-93 on second and final
reading.
CITY OF DELRAY BEACH~ FLORIDA
NOTICE OF ANNEXATION/ZONING
ORDINANCE NO. 44-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND 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 EAST SIDE OF
MILITARY TRAIL, SOUTH OF LINTON BOULEVARD; 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 AG (AGRICULTURE) 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. 44-93
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. 1st 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, ~ 1993, at 7:00 p.m. (or at any
continuation of such meeting which is set by the Commission), at
which time the ordinanc~ 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 this 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
~"~-- IG 19~3 ~regor Harty
~"~-- 23 1993
~ I I1 ...... ~ ..... 1
/I N TO N OOU L I~ VA R O
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DISTRIBUTION LIST
FROM: PAUL ER II
DORLING,
DATE: JUNE 29, 1993
RE: TAHERI ANNEXATION
On June 22, 1993 the City Commission approved on first reading
the annexation of the Taheri property, located on the east side
of Military Trail, south of Linton Boulevard. The attached map
shows the property to be annexed. The second and final reading
is scheduled for July 27, 1993. Annexation will be effective
immediately upon adoption of second reading.
The following property data is attached for your information. If
you have any questions please call me at ext. 7043.
PD/Ja
Ref/Anxtah
T~IERI - ANNEXATION BRIEF
*** Revised *****
Property Control No: 00-42-46-25-00-000-3050
Acreage: 35.427
Taxable Value: $194,653.00
Number of Buildings on Parcel: 2 (single family house and barn)
Owner's Name & Address: MDL Realty Co. c/o Z Taheri
1500 S. Ocean Blvd
# 12065
Boca Raton, FL 33432
County Street Address: 218 Mil,itary.Trail
County Land Use Desiqnation: MR-5 Medium Residential 5 units
per acre
City Land Use Designation existing: Medium Density
Residential
City Land-Use Designation proposed: Transitional
City Zoning Designation: A (Agricultural)
Current Use of Property: Wholesale Nursery
Legal Description: The SW 1/4, of the NW 1/4, less the W 40 feet
thereof for road right-of-way, and less the S 1/2 of the SW 1/4
of the SW 1/4 of the NW 1/4 all in Section 25, Township 46
South, Range 42 East, Palm Beach County, Florida.
IIIJ
LIN'TON · Il OIJLEYAR D
BOC~-It~T PLAZA,) NUItSL'RY)
C£mrlt)
SOUTH ~
PIIO~'CSSaOK,~L PLA. S~
(ft'~S[ O (~)
N
TAHARI
PROPERTY
ORDINANCE NO. 44-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, LAND 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 EAST SIDE OF
MILITARY TRAIL, SOUTH OF LINTON BOULEVARD; 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 AG (AGRICULTURE)
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, MDL Realty Co., a Michigan Partnership, c/o Z.E.
Taheri, M.D., is the fee-simple owner 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, Kiernan J. Kilday, Kilday & Associates, as the duly
authorized agent for the fee-simple owner 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 lands located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
The Southwest Quarter (SW 1/4) of the Northwest Quarter
(NW 1/4), LESS the West 40 feet thereof for road
right-of-way, and LESS the South Half (S 1/2) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW
1/4) of the Northwest Quarter (NW 1/4), all in Section
25, Township 46 South, Range 42 East, Palm Beach
County, Florida.
The subject property being generally located on the
east side of Military Trail, south, of Linton Boulevard;
and containing 35.43 acres of land, more or less.
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 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 tract of land hereinabove
described is hereby declared to be in Zoning District AG (Agriculture)
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 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.
- 2 - Ord. No. 44-93
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 44-93
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF ANNEXATION/ZONING
ORDINANCE NO. 44-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND 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 EAST SIDE OF
MILITARY TRAIL, SOUTH OF LINTON BOULEVARD; 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 AG (AGRICULTURE) 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. 44-93
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. 1st 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, July 27, 1993, at 7:00 p.m. (or at any
continuation of such meeting which is set by the Commission), at
which time the ordinanc~ 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 this 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
July 16, 1993 Alison MacGregor Harty
July 23, 1993 City Clerk
LIN TON BOU L~'VA ~D
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, July 27, 1993 (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. lst'Avenue, Delray Beach, Florida, from 8:00
a.m. to 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. 44-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, LAND 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 EAST SIDE OF
MILITARY TRAIL, SOUTH OF LINTON BOULEVARD; 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 AG (AGRICULTURE)
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, MDL Realty Co., a Michigan Partnership, c/o Z.E.
Taheri, M.D., is the fee-simple owner 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, Kiernan J. Kilday, Kilday & Associates, as the duly
authorized agent for the fee-simple owner 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 lands located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
The Southwest Quarter (SW 1/4) of the Northwest Quarter
(NW 1/4), LESS the West 40 feet thereof for road
right-of-way, and LESS the South Half (S 1/2) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW
1/4) of the Northwest Quarter (NW 1/4), all in Section
25, Township 46 South, Range 42 East, Palm Beach
County, Florida.
The subject property being generally located on the
east side of Military Trail, south of Linton Boulevard;
and containing 35.43 acres of land, more or less.
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 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 tract of land hereinabove
described is hereby declared to be in Zoning District AG (Agriculture)
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 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 or prepare such record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
July 16, 1993 Alison MacGregor Harty
City Clerk
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
ORDINANCE NO. -
44 g3
DATE: June 18, 1993
This is the first reading of an ordinance annexing to the City a
35.427 acre parcel, Taheri property, located on the east side of
Military Trail, south of Linton Boulevard with initial City zoning of
AG (Agriculture).
There are currently two structures on this site, a single family home
and a barn used in conjunction with the existing nursery operation.
There is no proposal for a change in the intensification of use. The
applicant wishes to annex into the City, and continue the existing
nursery operation under an agricultural holding zone district.
Accommodating the annexation and affixing initial City zoning of AG is
consistent with the City's program for annexation of territory within
its planning and service area. There appears to be no adverse
implications associated with this annexation and zoning
consideration.
Separately, on your agenda for consideration is a change in the
Future Land Use Map (Plan Amendment 93-2) for the Taheri property.
Since the requested initial zoning is Agriculture, applied as a
holding zone, it is appropriate to proceed with the annexation and
zoning prior to the consummation of the FLUM Amendment.
The Planning and Zoning Board at their June 14th meeting recommended
approval of the annexation. A detailed staff report is attached as
backup for this item.
Recommend approval of Ordinance No. 44-93 on first reading. If passed
public hearing July 27, 1993.
Mail For 0
Harty, Alison - City Clerk
TO User ID Address
HARTY DELRAYCH
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, Fi. 33444
City Clerk
2nd Floor City Hall
(407) 243-7057
FROM User ID Address
KOVACS DAVID
SUBJECT
REFERENCE
AUTHOR
ACTION DUE
DATE
JAs/Diane: The Taheri Annexation Ordinance appears not to con~
~clause pertaining to agreement to Storm Water Assessment. The
Office is to follow-up. FYI
OWNER'S AFFIDAVIT REGARDING THE
STORMWATER MANAGEMENT ASSESSMENT
STATE OF FLORIDA
COUNTY OF PAI~ BEACH
Before me, the undersigned authority, personally appeared
Dr. Z. £. laheri. Agent , who being by me first duly
(Owner's Name)
sworn on oath deposes and says:
1. That he/she is the fee simple owner of the following
described property to-wit: (give legal description)
see atta£hpd F~hihit "A"
2. That he/she consents to the Stormwater Management
Assessment levied by the City pursuant to its Ordinances and as
required by Florida Statutes Chapter 197.
Affiant (Owner s Signature)
The foregoing instrument was acknowledged befor~e me this
day of ~'~,~O~ , 19_~__ by Z. ~o ~/~/ ,
who is personally known to me er hc~ produced
(t .... n) a~~n and who di~take an
oath.
(Signature of Notary Public) ~~
(Printed Name of Nota~ Public)~~,~ ~~
(Title or Rank) Notar~ Public
Co,lesion ~ My Co~ission Expires
( NOTARY' S SEAL ) ~j ' u~ ~u,
I1~)~ ~ ~ ~. l~ /I
08/~
DESCRIP'rIO~,q OF OVERALl. PARCEL:
file SOUI'IIWE$1 QUARTER (S.W. I/4) OF IlIE t,IORTIlWEST QLIARIER
(rl.W. I/4), LESS IHE WESt 40 FEET I'IIEREOF FOR ROAO RIGHT OF WAY,
Al'iD LESS THE SQUall IIALF (S. I/?.) OF ~ItE SOUTtIWE$! QUARTER
OF THE SOUTIIWEST QUARI'ER (S.W. I/4) OF TIlE NORTHWEST QUARTER
(t~.W.1/4), ALL Itl SECIION 25, TOWNSIIIP 46 SOl. ITl.I, RAN(~IE 42
PALt-! BEACtl COUNTY, FLORIDA
POWER OF ATTORNEY
FROM MDL PARTNERS TO Z. E. TAHERI, M.D.
We, as sole partners in MDL LAND PARTNERSHIP,
Mina Taheri Miller, M.D., David B. Taheri,
Linda Taheri Woodworth give our father,
Z. E. Taheri, M.D. full and unconditional
Power of Attorney to act in our behalf and on
behal~'~of the MDL Land Partnership, to sign any
document ~elated to business transaction involving
MDL. To sell or exchange any property in our
behalf and to make application to appropriate
authorities for zoning change or any other
business pertaining to the partnership.
Mi~Taheri Miller
Linda Taheri Woodworth
Effective Date: March 2, 1993
POWER OF ATTORNEY
FROM MDL PARTNERS TO Z. E. TAHERI, M.D.
We, as sole partners in MDL LAND PARTNERSHIP,
Mina Taheri Miller, M.D., David B. Taheri,
Linda Taheri Woodworth give our father,
Z. E. Taheri, M.D. full and unconditional
Power of Attorney to act in our behalf and on
behalf of the MDL Land Partnership, to sign any
document related to business transaction involving
MDL. To sell or exchange any property in our
behalf and to make application to appropriate
authorities for zoning change or any other
business pertaining to the partnership.
Mina Taheri Miller
David B. Taheri
~-~'nda Taheri Woodworth
Effective Date: March 2, 1993
POWER OF ATTORNEY
FROM MDL PARTNERS TO Z. E. TAHERI, M.D.
We, as sole partners in MDL LAND PARTNERSHIP,
Mina Taheri Miller, M.D., David B. Taheri,
Linda Taheri Woodworth give our father,
Z. E. Taheri, M.D. full and unconditional
Power of Attorney to act in our behalf and on
behalf of the MDL Land Partnership, to sign any
document related to business transaction involving
MDL. To sell or exchange any property in our
behalf and to make application to appropriate
authorities for zoning change or any other
business pertaining to the partnership.
Mina Taheri Miller
David B. Taheri
Linda Ta~eri Woodworth
Effective Date: March 2, 1993
CITY OF DEL,
l~:~r'~Yll'l~'u:~'" .E OE~RA',' BEACH ~LOR~gA 33~4 407 24~ '~
~ ~.~..~ 'S OFFICE
~,~'~~~. ~---- R SHEET
TO: N~E:
CITY:
FROM: CITY O~ -~'~-- ....... Y CLE~'S OFFICE
DATE (S) OF PUBLIC~
TOTAL N~BER OF PA -~-"~ .... ~.,~ (including cover sheet)
DATE SENT: ~--/
PHONE N~BER:
If you do not rec ~.~" 9s, please call as soon as
possible and ask fo ~,~,,~.~- er) noted above.
The following infon
.~ .......... ~,,,.~ lled out by the recipient
Received By:
Date & Time:~ . -- ~ - -
Confirm Publication Date(s):
Name of Individual Receiving Document(s):
Please return fax a copy of this cover sheet with the above
information completed to Fax No. 243-3774. Thank you for your
cooperation ~
T~E EFFORT ALW,~YS ~/~ATTEF1S
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, July 27, 1993 (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, from 8:00
a.m. to 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. 44-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, LAND 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 EAST SIDE OF
MILITARY TRAIL, SOUTH OF LINTON BOULEVARD; 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 AG (AGRICULTURE)
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, MDL Realty Co., a Michigan Partnership, c/o Z.E.
Taheri, M.D., is the fee-simple owner 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, Kiernan J. Kilday, Kilday & Associates, as the duly
authorized agent for the fee-simple owner 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 lands located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
The Southwest Quarter (SW 1/4) of the Northwest Quarter
(NW 1/4), LESS the West 40 feet thereof for road
right-of-way, and LESS the South Half (S 1/2) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW
1/4) of the Northwest Quarter (NW 1/4), all in Section
25, Township 46 South, Range 42 East, Palm Beach
County, Florida.
The subject property being generally located on the
east side of Military Trail, south of Linton Boulevard;
and containing 35.43 acres of land, more or less.
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 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 tract of land hereinabove
described is hereby declared to be in Zoning District AG (Agriculture)
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 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 or prepare such record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
July 16, 1993 Alison MacGregor Harty
City Clerk
RATON 4) I)~LRAY IIOYNTON flFAEtI~) D~£~FIF, LI)
Published Dally
Monday through Sunday
Boca Baton, Palm Beach County, Florida
Delray Beach, Palm Beach County, Florida,
STATE OF FLORIDA
COUNTY OF PALM
Before the undersigned authority personally
appeared Nancy Smith, Inside Sales Man-
lished In Boca Baton in Palm Beach County. ~m ,,cH c0u,.. ,~0,,a. ,,0 ,E,~ ~K
D~RJBED HEREIN, WHI~ ~ S ~NTIG~S TO EX STI~ ~
NiCIPAL LIMITS OF ~ID CITY; ~lO ~ND ~1~ ~NERALLY L~T*
ment was published In said newspapers Jn ..~_; ~I.ING THE ~UNWrE5 OF ~O~l~ TO INCLUDE ~0'
~NU; PR~IOING FO~ THE ~IGH~ AND ~Lt~TiON~ ~ ~AID ~ND;
~h~ ~8~e~ 0~2 TRICT; PROVIDING A GENERAL RE~A~ER C~, A
~USE, A~ AN EFFE~IVE DATE,
A ~P (~ ~ ~al~) DEPtCTI~ ~HE ~NE~~ L~T~N ~ THE
LEGAL DESCRI~ION BY ~TES AND ~UN~ AND A COPY ~ OR~
NANCE NO. ~ ~N K ~TAmED FRM THE OFFSCE OF THE
~ -/ ~-- ~ / ~ERK, CiTY HALL, ~ N.W. 1ST AVENUE, DELRAY EEACH, FLORIDA.
Affiant further says that 'J/he NeWS isa
newspaper published in Boca RaBon, In said . ~.~
Palm Be~ch County, Fl6~idg, Monday
through Sunday. and has been entered as
second class matter at the post office In
Boca Baton, Palm Beach County, Florida, l~.~ .,,0~
advertisement; and affiant further says that ~_~ ~,L~_,, ~ ~ ~ ~,~ ~, :,, ~,,
person, firn~ or corporation a,I~y discount. ~~,ww ~,, ~ ~. ~,, ~.
rebate, commission or refund for the pur-
pose of securing this advertisement for pub- [~._~'~, ~ ~, ~ ~ ~ ~ ,,, ~. T~
C~ C~
THE N~
Sworn to and subscribed before me this
My',Oornmission expires ,,
NOTICE OF PUBUC HEARING
A PUBM£ HEA~ING will be ~eld on
fhe followin~ p~opo~ed ordinance at
m~ss~o~L o~ Tu~dM, ~ 27,
RATON ~DEI, RAY ROYNTON REACtl~ ~FFRFIELD BFAClt rice at the GW Clerk at the Gty Hall,
ROCA ~ N W. 1st Argue, Delrav
Published Daily ~e~° aHen~proposedandordinancebe heard wit~ res;eot ~o
Monday through Sunday ~a.~ ~o. ~
Boca Baton. Palm Beach County. Florida ~ o~0~a~cs o~ r.~ c,r~
Delray Beach. Palm Beach County. Florida ~,ss,0. o~ ~.[ c,~ o~
CONTIGUOgS TO EXISTING MUNIC-
Before the undersigned authority personally ~o ON THE EAST SlOE OF MILl.
' TARY T~AIL, SOUTH OF
appeared Nancy Smith. Inside Sales Man- ~ou~v~o; REDEFINING THE
acer of The News. daily newspapers pub- ~0RC~U0~r.~SA'0R,~.rS~O;A~0V'0'~O
llshed in Boca Baton In Palm Beach County. ~o~,.[ zo~,~,.~o~
Florida; that the attached copy of advertise- v,~,~ ~ o~
ment was published In said newspapers In AN E~F~CTiVE DATE
the issues 0[: WHEREAS, ~DL ~ea~ly C0,8 JichF
Affiant further says that The News is a i.afierdes¢ribedi .... ,i~ ....
newspaper published in Boca Baton. In said
Palm Beach County. F16~id.a. Monday ~. ,,~ ~,~,o~ o,
through Sunday. and has been entered as ~,,o. ~,~.~,.~, ~.0 ~o~,., ....
second class matter at the post office in ,erT~ ha~e been ,01,0weO in
Boca Baton; Palm Beach County, Florida. '~ ....
for a period of one year next preceding tile ~ssw"EREAS'~erefo~reme~aCiW a~f~ri,~°'Delta?,cBeach
first publication of tile attached copy of
advertisement; and affiant further says that .o., 7H~*E~0RE, 5E ,T
he ha~ neither paid nor promised any ~c,,s'°" 0~o,,o~,~.~ c,,,~s~o~o~s:o~
person, limn or corporation any discount, ~ ,. r,,, ,,, o,,
rebate, commission or refg[ld for [he put- BeachOf .he C0unty,City 0fFi0rida,Delray herebyBeaCn'an~x-Palm
pose of securing this advertise~nen t for pub- ,.~,~ i~.t~ in P, Im ~each
llcatlon In said newspapers.
The ~ot2w~ O~a.er (SW ltl) o{
Northwest qua~er (NW 1/4), LESS the
(S 1/2) ~ the ~thwes) Quader
~ ~ ~ g 114) of the So~hw~t Quarler (SW 1/4)
Sworn to and subscribed before me this ,0.,. ~ t~e east siOe ~ Militar~
day of D , 19 ~. '. Tha' the b0unaari~ O' the
~ --~ abov~e~ri~ ~act of rand and
~ ~, That Chapter Two of the
3tary P~tal,e of Florida al; large) ,o.~. d,,~ffic,,~ i~ t,is
My Commiss[A~~s My Comm. ?p. 5-3 ~ i ~~ Bonded Thru Se~'vL:~:~
p~r~s res_jdi~g. ~er~ shall.~