Res 75-85 RESOLUTION NO. 75-85
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 RM-RESIDEN-
TIAL MEDIUM DENSITY, TO THE CITY'S ZONING CLASSIFICATION
RM-10 (MULTIPLE FAMILY E~ELLING) DISTRICT.
WHEREAS, the City of Delray Beach received a request for annexa-
tion from J. Kenneth Tate, as agent of record for Stanley G. Tate, General
Partner Investments Diversified Limited, the fee-simple owner of the
following described property:
All of that portion of the following three (3) tracts
being in Section 18, Township 46 South, Range 43 East,
and lying west of E-4 Canal, Palm Beach County, Florida.
1. The S½ of the NW¼ of the SWb of the NEb.
2. The N½ of the swb of the SW~-~ of the NEb.
3. The S½ of the swb of the swb of the NEb.
ALSO the S 3/4 of the E½ of the SEb of the NWb of said
Section 18.
Sometimes referred to as Tracts 24, 25 and 26, MODEL LAND
COMPANY SUBDIVISION, Section 18-46-43 (Plat Book 6, Page
51).
LESS THE FOLLOWING:
The North 100.00 feet of that part of the South half (S½)
of the Northwest quarter (NWb) of the Southwest quarter
(swb) of the Northeast quarter (NEb) of Section 18,
Township 46 South, Range 43 East, lying west of the
westerly right-of-way line of Davis Road, together with
the North 100.00 feet of the South three quarters (S 3/4)
of the East half (E½) of the Southeast quarter (SEb) of
the Northwest quarter (NWb) of said Section 18, less the
West 30.0 feet thereof, all lying in Delray Beach, Palm
Beach County, Florida.
ALSO LESS:
The West 30.0 feet of the South three-quarters (S 3/4) of
the East half (E½) of the Southeast quarter (SEb) of the
Northwest quarter (NWb) of Section 18, Township 46 South,
Range 43 East, Delray Beach, Palm Beach County, Florida,
less the South 70.0 feet thereof.
ALSO LESS:
The South 100 feet of the North 200 feet of the South
three-quarters (S 3/4) of the East half (E½) of the
Southeast quarter (SEb) of the Northwest quarter (NWb) of
said Section 18, less the West 30 feet thereof; together
with the South 100 feet of the North 200 feet of that
part of the South three-quarters (S 3/4) of the West half
(W½) of the Southwest quarter (SWb) of the Northeast
quarter (NEb) of said Section 18, lying West of Lake
Worth Drainage District's Canal E-4.
Subject to restrictions, reservations, easements and
rights- of-way of record and Lake Worth Drainage Dis-
trict's Canal rights-of-way.
The subject property is located on the north side of the
L-33 Canal, between Davis Road and High Point of Delray.
The above-described parcel contains a 22.57 acre parcel
of land, more or less;
and,
WHEREAS, the City Council has considered this annexation request
by the proposed adoption of Ordinance No. 93-85; and,
WHEREAS, in order for this parcel to be zoned to the City Zoning
classification of RM-10 (Multiple Family Dwelling) 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 RM-Residential Medium Density; 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 RM-Residential Medium Density to
RM-10 (Multiple Family Dwelling) 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 member 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 10th day of
September , 19 85.
MA Y~R
ATT EST:
-2- Res. No. 75-85