Loading...
76-91 ORDINANCE NO. 76-91 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, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF LINTON BOULEVARD AND GERMANTOWN ROAD; 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, IN PART, AND A (AGRICULTURAL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Norman W. Blood, Jr. and Carolyn J. Blood are the fee-simple owners of 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 S. l°07' 33", along the West line of said Plat of Foxe Chase, 272.79 feet; thence S. 88052' 27" W., 200.00 feet; thence N. 1°07' 33" W., 233.45 feet; thence N. 69 o 35' 37" W., 170.00 feet; thence N. 20o 24' 23" E., 110.00 feet to the south right-of-way line of Germantown Road; thence S. 69035' 37" E., along said south right-of-way line, 341.60 feet to the said point of beginning; and, WHEREAS, the fee-simple owners as hereinabove named have requested by their petition to have the property hereinafter described annexed into the municipal limits of the city of Delray Beach; and, WHEREAS, the subject property hereinafter described is now contiguous to the corporate limits of the City of Delray Beach, thus making said petition for annexation effective at this time; 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: PERMANENT SITE - CF (COMMUNITY FACILITIES) DISTRICT ZONING 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 S. lO07' 33" E., along the west line of said plat of Foxe Chase, 272.79 feet; thence S. 88052' 27" W., 200.00 feet; thence N. 1© 07' 33" W., 200.00 feet; thence N. 68052' 27" E., 212.84 feet to the said point of beginning. ACCESS EASEMENT - A (AGRICULTURAL) DISTRICT ZONING 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 N. 69o35' 37" W., along the westerly extension of the south right-of-way line of Germantown Road as shown on said Plat of Foxe Chase, 215.00 feet; thence S. 1°07' 33" E., 151.70 feet; thence N. 68°52' 27" E., 212.84 feet to the said point of beginning. TEMPORARY SITE - A (AGRICULTURAL) DISTRICT ZONING That part of 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 N. 69035' 37" Wo, along the westerly extension of the south right-of-way line of Germantown Road as shown on said Plat of Foxe Chase, 171.60 feet to the point of beginning; thence continue N. 69o35' 37" W., 170.00 feet; thence S. 20© 24'23" W., 110.00 feet; thence S. 69°35' 37" E., 170.00 feet; thence N. 20 o 24' 23" E., 110.00 feet to the said point of beginning. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tracts of land and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That Chapter Two of the Land Development Regula- tions has been followed in the establishment of a zoning classification in this ordinance and the tracts of land hereinabove described are hereby declared to be in Zoning District CF (Community Facilities), in part, and A (Agricultural), in part, as defined by existing ordinances of the City.of Delray Beach, Florida. 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. Ord. NO. 76-91 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 provisions 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 i~ediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 26th day of Nove~er , 1991. ATTEST: -- - Cit~ Cie~k First Reading October 29~ 1991 Second Reading November 26~ 1991 · ~3- Ord. No. 76-91 ~ t.& TT..RAL. L-3~J FIRE CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER FROM: fPA~L DORLING, PLANNER II THRU: CTOR DEPARTMENT OF PLANNING AND ZONING RE: MEETING OF NOVEMBER 26, 1991 ORDINANCE 76-91 - ANNEXATION OF FIRE STATION #5 SITE(S) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on second reading of the Annexation Ordinance. The proposed initial City zoning is CF (Community Facilities) in part and A (Agricultural) in part. The annexation involves 1.8 acres of land currently know as Blood's Grove on Germantown Road. The annexation is to accommodate a permanent site, temporary site, and the access easement areas between the two for Fire Station #5. BACKGROUND: Background was provided with first reading on October 8, 1991. This supplemental information provides the Planning and Zoning Board review. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board held a public hearing on this item at its meeting of November 18, 1991. About 40 people were present from the public with approximately 30 people from Del Aire Golf Course in support of the petition. The public which spoke in opposition were concerned with the following: * Traffic generation and its effect on the intersection of Germantown Road and Linton Boulevard. * Compatibility with adjacent properties - effect on property values and the effect of noise on adjacent residential uses. City Commission Documentation Ordinance 76-91 - Annexation of Fire Station #5 Site(s) Page 2 The Planning and Zoning Board recommended approval of the request to annex the property with initial zoning of CF and A on a 5-0 vote. This recommendation was based upon positive findings with respect to Section 3.1.1, Section 3.3.2 and polices of the Comprehensive Plan as well as the following: * 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 already in the City. STAFF RECOMMENDATION: By motion: Approval of Ordinance 76-91 on second reading. PD/#44/CC76-91.TXT , ~,mu~. . L-at E~UAN ~URCH ~ ~ DE~Y DE~Y U~ON KU~ ~ L~ ' ~~ .... L W. D. D, ...... i I FIRE STATION ~5 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~~ SUBJECT: AGENDA ITEM ~ I~ - MEETING OF OCTOBER 29, 1991 ORDINANCE NO. 76-91 DATE: October 25, 1991 This is a first reading of an ordinance annexing land located at the southwest corner of the intersection of Linton Boulevard and Germantown Road with initial City zoning of CF (Community Facilities) zone district, in part, and A (Agricultural) zone district, in part, in order to facilitate the construction of the Fire Station No. 5 facility. The land to be annexed is a 1.8 acre portion of what is now Blood's Grove. The territory includes both a temporary and permanent site for Fire Station No. 5. The CF zone designation is being affixed to the permanent site, with the Agricultural zone designation being placed on the temporary site and access road. The Agricultural designation is being used at the request of the property owner, who is retaining title to the temporary site, and who will return the site to an agricultural use after the City leaves it. In order to proceed in the most expeditious manner, it is necessary to annex the site(s) and process the site plan through the City. If we opted to proceed through the County land use process, it is likely that the site would not be operational until March, 1992. The Planning and Zoning Board will review this item at their November 18, 1991 meeting. Recommend approval of Ordinance 76-91 on first reading. ORDINANCE NO. 76-91 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, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF LINTON BOULEVARD AND GERMANTOWN ROAD; 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, IN PART, AND A (AGRICULTURAL) DISTRICT, IN PART; PROVIDING A 'GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Norman W. Blood, Jr. and Carolyn J. Blood are the fee-simple owners of 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 S. lO07' 33", along the west line of said Plat of Foxe Chase, 272.79 feet; thence S. 88052' 27" W., 200.00 feet; thence N. l°07' 33" W., 233.45 feet; thence N. 69 o 35' 37" W., 170.00 feet; thence N. 20o 24' 23" E., 110.00 feet to the south right-of-way line of Germantown Road; thence S. 69o35' 37" E., along said south right-of-way line, 341.60 feet to the said point of beginning; and, WHEREAS, the fee-simple owners as hereinabove named have requested by their petition to have the property hereinafter described annexed into the municipal limits of the city of Delray Beach; and, WHEREAS, the subject property hereinafter described is now contiguous to the corporate limits of the City of Delray Beach, thus making said petition for annexation effective at this time; and, W~EREAS, 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: PERMANENT SITE - CF (COMMUNITY FACILITIES) DISTRICT ZONING 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 S. lO07' 33" E., along the west line of said plat of Foxe Chase, 272.79 feet; thence S. 88052' 27" W., 200.00 feet; thence N. 1o 07' 33" W., 200.00 feet; thence N. 68o 52' 27" E., 22.84 feet to the said point of beginning. ACCESS EASEMENT - A (AGRICULTURAL) DISTRICT ZONING 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 N. 69o35' 37" W., along the westerly extension of the south right-of-way line of Germantown Road as shown on said Plat of Foxe Chase, 215.00 feet; thence S. lO07' 33" E., 151.70 feet; thence N. 68052'. 27" E., 212.84 feet to the said point of beginning. TEMPORARY SITE - A (AGRICULTURAL) DISTRICT ZONING That part of 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 N. 69o35' 37" W., along the westerly extension of the south right-of-way line of Germantown Road as shown on said Plat of Foxe C~ase, 171.60 feet to the point of beginning; thence continue N. 69o35' 37" W., 170.00 feet; thence S.20o 24'23" W., 110.00 feet; thence S. 69035' 37" E., 170.00 feet; thence N. 20 o24, 23" E., 110.00 feet to the said point of beginning. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tracts of land and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That Chapter Two of the Land Development Regula- tions has been followed in the establishment of a zoning classification in this ordinance and the tracts of land hereinabove described are hereby declared to be in Zoning District CF (Community Facilities), in part, and A (Agricultural), in. part, as defined by existing ordinances of the City of Delray Beach, Florida. 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. -2- Ord. No. 76-91 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 provisions 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 , 1991. MAYOR ATTEST: City Clerk First Reading Second Reading · -3- Ord. No. 76-91 Uh"TOR I~UL.r'V/~D FIRE STATION ~5 ' CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 29, 1991 ORDINANCE RE ANNEXATION FOR FIRE STATION #5 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of initiation of an annexation action and approval on first reading of an annexation ordinance. The land to be annexed is a 1.8 acre portion of what is now Blood's Grove. The territory includes both a temporary and permanent site for Fire Station #5. The initial City zoning is to be Community Facilities (CF) for the permanent fire station site and Agricultural (Ag) for the temporary site and access portion of the territory. BACKGROUND: The subject of needing a temporary fire station site to serve the southwestern portion of the City and the need to proceed with securing a site for permanent facilities was thoroughly discussed by the City Commission at the time of considering the FY 91/92 Budget. A permanent site has been located on a portion of the Blood's Grove property and a temporary site, almost adjacent to it, has also been identified. In order to proceed in the most expeditious manner, it is necessary to annex the site(s) and process the site plan through the City. If we opted to proceed through the County land use process, it is likely that the site would not be operational until March, 1992. The schedule for land use processing for the temporary site is as follows: * First reading of annexation ordinance ... October 29th * Planning and Zoning hearing ........... November 18th * Second reading of annexation ordinance .. November 26th * Site plan review by SPRAB ............... Nov 20 or Dec 4 City Commission Documentation Ordinance Re Annexation for Fire Station #5 Page 2 In order to accommodate desires of the property owner who is retaining title to the temporary site and who will return that site to agricultural use after the City leaves it, the Agricultural zone district is being used. Thus, the City property will be C.F.; and the private property Ag. In a separate action, provisions are being made to accommodate the temporary use of city facilities on agriculturally zoned land. PLANNING AND ZONING BOARD CONSIDERATION: Because of the timing of events which is necessary to be operational by January 1, 1992, the Planning and Zoning Board has not yet formally reviewed this item. They will consider it at a public hearing on November 18th. At that time a formal determination as to consistency with the Comprehensive Plan will be made. The need for a fire station in this area is identified in the Comprehensive Plan and a location in this general area is depicted on the Future Land Use Map. RECOMMENDED ACTION: By motion, initiation and then approval of this annexation ordinance on first reading with second reading and public hearing to occur on November 26th. Attachment: * Face sheet of P&Z staff report * Ordinance by others DJK/#87/CCFS5.TXT PLANNING & ZONING BOARD CITY OF DELRAY BEACH ---~ STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner ...................... Norman & Carolyn Blood Applicant .................. City of Delray Beach, Florlda Locat£on ................... On the southwest corner of Llnton Boulevard and German:own Road. ProDerty Size .............. Permanent Site: 1.085 Acres Tempora~-y Site: .429 Acres Access Easement: .292 Acres Total Site: 1.806 Acres City Land Use Plan ......... Mixed Use, including: Low Density 0-5 du/acre, Medium Density 5-12 du/acre, Commercial Core, and Community Facilities. Current Zoning ............. AR (Agricultural Residential) Palm Beach County Zoning. Adjacent Zoning ............ North:~(Multi-Family Residential) East: R~(Transitional - Residential .... Densities, County Zoning) South: AR (County Zoning) West: AR (County Zoning) Existing Land Use .......... Orange Grove/Nursery Proposed Land Use .......... Construction of a permanent fire station\EMS and temporary EMS facility. Water Service .............. Existing 12" water main along German:own Road, and an existing 10" main along Lin:on Boulevard. Sewer Service .............. Existing 8" sanitary sewer line in the western end of the Spanish Wells Subdivision. CITY COMMISSION DOCUMENTATION FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 8, 1991 ORDINANCE RE ANNEXATION OF FIRE STATION #5 SITE(S) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on First Reading of an Annexation Ordinance. The proposed initial City zoning is CF which accommodates fire station usage. The annexation involves land currently known as Blood's Grove as it is situated along Germantown Road. The area to be annexed is 1.8 acres. The project is Fire Station #5. The property to be annexed includes the permanent site, the temporary site, and the access easement area located between the two (see attached exhibit). BACKGROUND: In pursuing the goal of having the temporary Fire Station #5 facility in use by January 1st, we ran into a problem with obtaining land use approval through the County. It is necessary to process a "special exemption" which is similar to our conditional use process. Following the County schedule, such approval would not be available until February, 1992 (perhaps, late January). Thus, the alternative of processing through the City was explored. Operating on a fast track it is possible to annex the property with CF zoning, processes the site plan, and obtain all municipal approvals and accommodate a January 1, 1992, operations date. [Note: We are still exploring whether or not special permits by other agencies (HRS, County Traffic) will obstruct our ability to be operational on time.] By initiating the annexation at this time, we will be able to actually have the site(s) under City jurisdiction on November 13th. By processing the site plan concurrently, we will be able to begin site work in late November. The Planning and Zoning Board public hearing review would'occur on October 21st. City Commission Documentation Ordinance Re Annexation Of Fire Station #5 Site(s) Page 2 As of this writing, the City Attorney's Office has not confirmed agreement by the current property owner with this annexation proposal. He is to complete that task and have formal authorization for the City to proceed by Tuesday evening. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally will review this item at its meeting of October 21, 1991. That will be a formal public hearing with adjacent property owner notification. RECOMMENDED ACTION: By motion, initiation of this annexation petition. By motion, approval of the enacting ordinance on first reading. Attachment: * Location map DJK/#86/CCFSANX.TXT CATHOLI~ CHURCH X., "~'~'1 '1"1 I I I I I 1 I [ ~ Fl'Till '~ URTON, ~ULEYAR~ I' ~ , FIRE STATION ~5 , II NOTICE OF ANNEXATION/ZONING ORDINANCE NO. 76-91 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, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF LINTON BOULEVARD AND GERMANTOWN ROAD; 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, IN PART, AND A (AGRICULTURAL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECT- IVE DATE. A MAP FURTHER DESCRIBING THE PROPERTY TO BE ANNEXED/REZONED IS SHOWN BELOW. CAT14OUC CHURCH ~l'~e S,c~te The be . the ~.nO ~'~. _.~eo~ '~ _~ t~~ -~ c~U .~ t~''~ '~t ~b~ .~hemeet~g ~d ~o~ ~eCO~ Th~ ~. ~' ~el=~ B~ 1991 ~9, 1991 ORDINANCE NO. 76-91 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, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF LINTON BOULEVARD AND GERMANTOWN ROAD; 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, IN PART, AND A (AGRICULTURAL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Norman W. Blood, Jr. and Carolyn J. Blood are the fee-simple owners of that part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Begin at the North- west 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 S. 1 07' 33", along the West line of said Plat of Foxe Chase, 272.79 feet; thence S. 88 52' 27" W., 200.00 feet; thence N. 1 07' 33" W., 233.45 feet; thence N. 69 35' 37" W., 170.00 feet; thence N. 20 24' 23" E., 110.00 feet to the south right-of-way line of Germantown Road; thence S. 69 35' 37" E., along said south right-of-way line, 341.60 feet to the said point of beginning; and, WHEREAS, the fee-simple owners as hereinabove named have requested by their petition to have the property hereinafter described annexed into the municipal limits of the city of Delray Beach; and, WHEREAS, the subject property hereinafter described is now contiguous to the corporate limits of the City of Delray Beach, thus making said petition for annexation effective at this time; 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: PERMANENT SITE - CF (COMMUNITY FACILITIES) DISTRICT ZONING 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 S. 1 07' 33" E., along the west line of said plat of Foxe Chase, 272.79 feet; thence S. 88 52' 27" W., 200.00 feet; thence N. 1 07' 33" W., 200.00 feet; thence N. 68 52' 27" E., 212.84 feet to the said point of beginning. ACCESS EASEMENT - A (AGRICULTURAL) DISTRICT ZONING 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 N. 69 35' 37" W., along the westerly extension of the south right-of-way line of Germantown Road as shown on said Plat of Foxe Chase, 215.00 feet; thence S. 1 07' 33" E., 151.70 feet; thence N. 68 52' 27" E., 212.84 feet to the said point of beginning. TEMPORARY SITE - A (AGRICULTURAL) DISTRICT ZONING That part of 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 N. 69 35' 37" W., along the westerly extension of the south right-of-way line of Germantown Road as shown on said Plat of Foxe Chase, 171.60 feet to the point of beginning; thence continue N. 69 35' 37" W., 170.00 feet; thence S. 20 24'23" W., 110.00 feet; thence S. 69 35' 37" E., 170.00 feet; thence N. 20 24' 23" E., 110.00 feet to the said point of beginning. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tracts of land and said lands are 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 tracts of land hereinabove described are hereby declared to be in Zoning District CF (Community Facilities), in part, and A (Agricultural), in part, as defined by existing ordinances of the City of Delray Beach, Florida. 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. 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 provisions 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. The proposed ordinance may be inspected at the office of the City Clerk at the 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. The City Commission will meet in the Commission Chambers at the City Hall on the 26th day of November, 1991 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 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 wuch record. Pursuant to F.S. 286.0105. PUBLISH: Delray Beach News CITY OF DELRAY BEACH November 14, 1991 AlisonMacGregor Harry City Clerk , tilllill~llll~Bell ; ~ I ~ ~ ~ TW~ ~ COS SSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, ~NO ~..~ IN SECTION 25, TOWNSHIP ~TH RANGE a EAST AN ~DI~NCE OF THE CITY CO~I~SION OF T~ CITY',~ OELRAY / ~ eCRL~ LUUNTY, FLORIDA, WH CH LAND IS CONT GUOUS TO EX- BEACH, FL~IOA, A~NEXING TO THE'CITY O~ ~L~Y ~ ~ND / LYING AND SE ~ a SECT ON ~, T~SHIP ~ S~TH, RANGE a EAST. I ISTING MUNICIPAL LIMITS OF SAID CITY; ~O ~NO I$ ~ .THE ~UTHWEST CORNER OF THE INTERSECTION ~' LIN A BEACH C~N?Y, FLORIOA, WHICH LAND IS C~TI~US~" VARD AND GER~NTOWN ROAD; REDEFINING THE BOU~ STI~ MUNICIPAL LIMITS OF ~ID CITY; ~O ~NO IS ~. ~ID CITY TO INCLUDE SA D LAND; ~V D NG'F~ THE THE ~UTHWEST C~NER OF THE INTERSECT~ ~ LINION ~~ OBLIGATIONS OF SAID ~ND; PROVIDING FOR ~HE ZON N~ VARO AND GER~NT~N ROAD; REDEFINING THE ~OAR~? TO CF (C~UNITY FACILITIES OISTR ~, N PA SAID CITY TO INCLUDE ~ID ~NO; eROVIDING FOR 7fie RIGH~~ (AGRICULTURAL) DISTRICT, IN PART; PROV OING A G~ OBLIGATI~S OF SA~D ~NO; PROVIDING FOR THE ZONI~ TH~ ~ PEA~R CLAUSE; PROVIDING A SAVING C~USE; PROVI~ ~'~ TO CF (C~UNITY FACILITIES DISTRICT, M PART ~ FECTIVEDATE (AGRICULTURAL) DiSTAIn, IN ~RT; PROVI~ A ~ , ~ ZONED ;~ SHOWN BELOW. A ~P FURTHER DESCRIBING THE PRO~RTY TO BE ANNEXE~.~ ..... . ...... '' " . ~I/ ~ ,; .. ~e ad ~mp~e I~1 de~r pti~ ~ 1~ p~ ~ ~ may ~ i~ at ~ ~ice ~ ~ Cl~ ~k at ~ ~ T~ a~ ~i~ is ~ ~ r~t~ ~ Av~, ~lray ~. Fl~i~a, from 8:~ AM. naxe a~ c~ ~1 ~r~i~ ~ Fray, exc~ ~i~ays. T~ Ci~ ~mmi~i~ w II may ~' in~ at ~ ~ M ~ ChamPs at ~ Ci~ Hall ~ t~ ~ ~ ~ N A~, ~a~ ~h, F~i~, ~ I:~ A~. ~ S:~ P~. (~ al any c~in~ti~ ~ s~ ~ Fr~, e~ ~, T~ C~ C~ ~ill ~ al ~lch ~lme ~ ~i~a~e wl~ ~ re~ ~y flue oBI' Ch~ at ~ Ci~ Hall ~ ~ ~ will ~ gi~' an ~i~ m ~ ~ Ple~ P.M. (~ ~ ~y C~t~ ~ ~ ~M ~h ~ ~.., ~-, ~'~ M ~al any ~iS~ ma~ by the C~ m ~ ~1 ~y ~ls~'~ ~ ~ C~ ~ ~ ~e ~t a ~im r~ M ~Y ~ ~ ~ ~ ~ w ~, ~ ' ~ r~a i~ I~ ~i~y a~ ~i~e u~ ~ich a r~d W ~ ~, ~ ~ ~ ~ ~. T~ Ci~ ~ ~ provi~ ~ prate s~h r~d. ~ e ~ ~ I ~tim r~ ~ ~ ~ ~,01~ ~5.01~. Ali~ M~ CITY OF DEI,~ CITY ~ ~RA~EACH ' A~ ~ Ha~ ~i~: T~ N~ ~ ~& ~ 5,12, & 19, lWl. ~a R~ay ~n~ ~h ~ ~& W~ 12,& 19, lWl ORDINANCE NO. 76-91 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, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF LINTON BOULEVARD AND GERMANTOWN ROAD; 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, IN PART, AND A (AGRICULTURAL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Norman W. Blood, Jr. and Carolyn J. Blood are the fee-simple owners of 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 S. l°07' 33", along the West line of said Plat of Foxe Chase, 272.79 feet; thence S. 88o52' 27" W., 200.00 feet; thence N. l°07' 33" W., 233.45 feet; thence N. 69 o 35' 37" W., 170.00 feet; thence N. 20o 24' 23" E., 110.00 feet to the south right-of-way line of Germantown Road; thence S. 69o35' 37" E., along said south right-of-way line, 341.60 feet to the said point of beginning; and, WHEREAS, the fee-simple owners as hereinabove named have requested by their petition to have the property hereinafter described annexed into the municipal limits of the city of Delray Beach; and, WHEREAS, the subject property hereinafter described is now contiguous to the corporate limits of the City of Delray Beach, thus making said petition for annexation effective at this time; 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: PERMANENT SITE - CF (COMMUNITY FACILITIES) DISTRICT ZONING 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 S. lO07' 33" E., along the west line of said plat of Foxe Chase, 272.79 feet; thence S. 88o52' 27" W., 200.00 feet; thence N. 1© 07' 33" W., 200.00 feet; thence N. 68o52' 27" E., 212.84 feet to the said point of beginning. ACCESS EASEMENT - A (AGRICULTURAL) DISTRICT ZONING 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 N. 69o35' 37" W., along the westerly extension of the south right-of-way line of Germantown Road as shown on said Plat of Foxe Chase, 215.00 feet; thence S. 1°07' 33" E., 151.70 feet; thence N. 68o52' 27" E., 212.84 feet to the said point of beginning. TEMPoRARy SITE - A (AGRICULTURAL) DISTRICT ZONING That part of 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 N. 69035' 37" W., along the westerly extension of the south right-of-way line of Germantown Road as shown on said Plat of Foxe Chase, 171.60 feet to the point of beginning; thence continue N. 69o35' 37" W., 170.00 feet; thence S. 20o 24'23" W., 110.00 feet; thence So 69035' 37" E., 170.00 feet; thence N. 20 o 24' 23" E., 110.00 feet to the said point of beginning. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tracts of land and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That Chapter Two of the Land Development Regula- tions has been followed in the establishment of a zoning classification in this ordinance and the tracts of lan~ hereinabove described are hereby declared to be in Zoning District CF (Community Facilities), in part, and A (Agricultural), in part, as defined by existing ordinances of the City of Delray Beach, Florida. 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. -2- Ord. NO. 76-91 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 provisions 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 i~ediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 26th day of Nove~er , 1991. ATTEST: -- - city Cie~k ' First Reading October 29t 1991 Second Reading November 26~ 1991 · -3- Ord. No. 76-91