Res 19-84 RESOLUTION NO. 19-84
A RESOLUTION OF THE CITY COUNCIL OF ~HE 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 DEL~AY
BEACH FROM THE COUNTY ZONING CLASSIFICATION CG (GENERAL
COMMERCIAL) DISTRiCT TO THE CITY'S ZONING CLASSIFICATION
GC (GENERAL COMMERCIAL) DISTRICT.
WHEREAS, the City of Delray Beach received a request for annexa-
tion from Lee Starkey, agent for Shell Oil Company, a corporation ex~sting
under the laws of-the State of Delaware, the fee-simple owner of the
following described property:
A parcel of land in a portion of the Southeast quarter of
Section 18, Township 46 South, Range 43 East, Palm Beach
County, Florida, being more particularly described as ~ol-
lows: Commencing at the northwest corner of the west one-
half of the northwest quarter of the northeast quarter of
the southeast quarter of said sectiQ~ 18, said.-corner bein9
in the centerline of right-of-way of C~ngress Avenue as now
laid out and in use; thence run South 00"10'39" East along
said center line and west line of the west one-half of the
northwest quarter of the northeast quarter of the southeast
quarter of said Section 18, a distance of 455.06 feet to a
point being in the westerly extension of the southerly
right-of-way line of State Road No. S-806, as now laid out
and in use; thence run North 55"30'41" East along said
southerly right~of-way line a distance of 64.17 feet to a
point in the easterly right-of-way line of said Congress
Avenue and the point of beginning of the herein described
parcel; thence continue on the preceding described course a
distance of 49.37 feet to the beginning of a curve concave
to the southeast, having a partial central angle of 08"45'
17" and a radius of 1857.08 feet; thence run northeasterly
along the arc of said curve and southerly right-of-way line
a distance of 283.76 feet'to a point in the east line of the
west one-half of the northwest quarter of the northeast
quarter of the southeast quarter of said Section 18, thence
run South 00"09'39" East along said east line a distance of
110.67 feet to a point in.the northerly right-of-way line of
old State Road 806 (Atlantic Avenue and Delray West Road);
thence run South 49"35'21" West along said northerly right-
of-way line a distance of 204.45 feet to t/%e beginning of a
curve concave to the northwest, having a central angle of
22"40'00" and a radius of 163 feet; thence run southwesterly
and /westerly along .the arc of said curve and northerly
right-of-way line a distance of 64.48 feet to the end of
said curve; thence run South 72"15'21" West along said
northerly right-of-way line a distance of 77.88 feet to a
point in the easterly right-of-way line of said Congress
Avenue; thence run North 00"10'39" West along said easterly
right-of-way line a distance of 127.90 feet to the point of
beginning of the herein described parcel.
Less the following:
Commencing at the Northwest corner of the West ½ of the
Northwest % of the Northeast % of the Southeast % of said
Section 18, said corner being in the centerline of the
right-of-way of Congress Avenue as now laid out and in use;
thence run South 00"10'39" East along said centerline and
West line of the West ½ of the Northwest % of the Northeast
% of the Southeast % of said Section 18 a distance of 455.06
feet to a point being in the Westerly extension of
Southerly right-of-way line of State Road S-806 as now laid
out and in use; thence run North 55"30'41" East along said
Southerly right-of-way line a distance of 113.54 feet to the
beginning of a curve concave to the Southeast having a
radius of 1857.08 feet and a central angle of 08"45'17";
thence Northeasterly along the arc of said curve, through a
central angle of 04"38'12", a distance of 150.28 feet to the
Point of Beginning of the hereinafter described parcel;
thence continuing along the arc of said curve, through a
central angle of 04"07'05", a distance of 133.48 feet to a
point on the East line of the West ½ of the Northwest % of
the Northeast % of the Southeast % of said Section 18;
thence South 00"09'39" East, along said East line of the
West ½ of the Northwest % of the Northeast % of the South-
east %, a distance of 110.67 feet to a point in the Norther-
ly right-of-way line of Old State Road No. 806 (Atlantic
Avenue and Delray West Road); thence South 49"35'21" West
along said Northerly right-of-way line, a distance of 128.48
feet to a point; thence North 08"51'39" West, departing from
said right-of-way line, a distance of 133.32 feet to the
Point of Beginning, subject to rights-of-way and easements
of records.
The subject property is located at the southeas~ corner of
Atlantic Avenue and Congress Avenue.
The above-described parcel contains a 0.6 acre parcel of
land, more or less;
and,
WHEREAS, the City council has considered this annexation request,
approved annexation of the subject parcel and did so by adoption of Ordi-
·,ance No. 13-84; and,
~EREAS, in order for this parcel to be zoned to the City' zoning
classification of GC (General Commercial) District subsequent to its
annexation, it is necessar, y under Chapter 171.062 of the Florida Statutes
for the City to request p~rmission from the Board of County Comissioners
of Palm Beach County, Florida, for the change in zoning of this parcel
which is currently zoned CG (General Commercial) District; and,
WHEREAS, the proposed zoning for the subject property is consis-
tent with the City's Comprehensive Land Use Plan; 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 designation are compatible with existing patterns in the
immediate vicinity of the annexed property,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TH~ CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
S~CtiO~'I'. That the. City Council hereby requests a waiver from
the Board of County Commissioners of Palm Beach County to immediately
rezone the propertlr--described above from CG (General Commercial) District
to GC (General Commercial) District which would not result in an increase
in the density for such land.
S~tion"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, Zonin9 and Building.
PASSED AND ADOPTED in regular session on this the 2'8'th day of
Febr~ar~r .................. , 1984.
-2- Res. No. 19-~4