Res 45-85 RESOLUTION NO. 45-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF
COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES
171.062, TO REZONE LAND ANNEXED TO THE .CITY OF DELRAY
BEACH, FROM THE COUNTY ZONING CLASSIFICATION CG-GENERAL
COMMERCIAL, IN PART, AND RS-RESIDENTIAL SINGLE FAMILY, IN
PART, TO THE CITYtS ZONING CLASSIFICATION ~C (GENERAL
COMMERCIAL) DISTRICT.
WHEREAS, the City of Delray Beach received a request for annexa-
tion from Harry Kaufman, a general partner for Delray Land Company, a
Florida General Partnership, the fee-simple owner of the following de-
scribed property=
Lots 6-22, inclusive, Block 28, less West 38t of Lots 6-I0,
inclusive, Block 28, together with that portion of abandoned
al ley right-of-way lying adjacent thereto abandoned by
Official Record Book 685, Page 587, Del Raton Park, Plat
Book 14, Page 10.
Together with road and alley right-of-way as follows:
A portion of the alley right-of-way in Block 28, Del-Raton
Park, Palm Beach County, Florida, as recorded in Plat Book
14 at Page 10 of the Public Records of Palm Beach County,
Florida, and a portion of the right-of-way for Avenue J
lying adjacent to said Block 28, being more particularly
described as follows=
Begin at the Northeast corner of Lot 22 of said Block 28;
thence Southerly, along the East line of said Lot 22, 125.00
feet; thence Westerly, along the South line of Lots 22
through-17,-inclusive, 160.49 feet; thence continue Wester-
ly, along the South line of Lots 16 through 10, inclusive,
247.49 feet to the East right-of-way line of U.S. Highway
No. 1; thence Southerly, along said East right-of-way line,
25.00 feet to the centerline of said Avenue J; thence
Easterly, along said centerline, 249.92 feet; thence con-
tinue Easterly, along the centerline of Avenue J, 167.92
feet to the Southerly intersection of the centerline of a 10
foot alley right-of-way; thence Northerly, along said center-
line, 150.00 feet to the Easterly extension of the North
line of said Lot 22; thence Westerly, along said Easterly
extension 5.00 feet to the Point of Beginning aforedescribed.
The subject property is located on the east side of South
Federal Highway, between South Delray Shopping Plaza and
Dumar Plaza.
The above-described ~arcel contains a 1.389 acre parcel of
land, more or less.
WHEREAS, the City Council has considered this annexation request,
approved annexation of the subject ~arcel and did so by adoption of Ordi-
nance No. 52-85; and,
WHEREAS, in order for this parcel to be zoned to the City Zoning
classification of GC (General Commercial) District subsequent to its
annexation, it is necessary under Chapter 171.062 of the Florida Statutes
for the City to request permission from the Board of County Commissioners
of Palm Beach County, Florida, for the change in zoning of this parcel
which is currently zoned RS-Residential Single Family, in part, and CG-
General Commercial, in part; and,
WHEREAS, the proposed zoning for the subject property is con-
sistent with the City's currently existing Land Use Plan designation; and,
WHEREAS, the City Council has determined that the subject prop-
erty is compatible with Palm Beach County's Comprehensive Plan, and the
proposed uses and designations are compatible with existing patterns in
the immediate vicinity of the annexed property,
NOW, THEREFORE· BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH · FLORIDA, AS FOLLOWS:
Section 1. That the City Council hereby requests a waiver from
the Board of County Commissioners of Palm Beach County to immediately
rezone the property described above from RS-Residential Single Family, in
part, and CG-General Commercial, in part, to GC (General Commercial}
District which would not result in an increase in the density for such
land.
Section 2. That a certified copy of this resolution is being
_sent to each me~ber of the Board of County Commissioners, the County
Administrator and the Director of Planning, Zoning and Building.
PASSED AND ADOPTED in regular session on this the 14th day of
May , 1985.
MAYOR
ATTEST:
-2- Res. No. 45-85
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