Res 37-84 RESOLUTION NO. 37-84
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, IN PART, AND CG-GENERAL COMMERCIAL,
IN PART, TO THE CITY'S ZONING CLASSIFICATION SC (SPECIAL-
IZED COMMERCIAL) DISTRICT.
WHEREAS, the City of Delray Beach received a request for annexa-
tion from Michael E. Botos, Trustee, the fee-simple owner of the following
described property:
Lots 1 and 4, Block 21, DEL-RATON PARK, according to the
Plat thereof on file in the Office of the Clerk of the
Circuit Court in and for Palm Beach County, Florida,
recorded in Plat Book 14, Pages 9 and 10, LESS AND EXCEPT
portion thereof conveyed to the State of Florida in
Warranty Deed dated July 6, 1955 and recorded in Deed
Book 1103, Page 299 and described as follows: From the
SW corner of said Lot 1, run Northerly along the West
line of said Lot 1 for a distance of 125 feet to the NW
corner of said Lot, thence run Easterly along the North
line of said Lot 1 for a distance of 28.1 feet to the NE
corner of said Lot 1; thence run Easterly along the North
line of said Lot 4 for a distance of 10.10 feet; thence
run S 8 deg. 11 min. 12 sec. W., across said Lots 4 and 1
for a distance of 126.94 feet to a point on the South
line of said Lot 1; thence run Westerly along the South
line of said Lot 1 for a distance of 38 feet to the SW
corner of said Lot 1 and the point of beginning.
Lots 14, 15, 16, 17 and 18, Block 37, and Lots 29, 30,
31, 32 and 33 in Block 37, DEL-RATON PARK, accor4ing to
the Plat thereof on file in the office of the Clerk of
the Circuit Court in and for Palm Beach County, Florida,
recorded in Plat Book 14, Pages 9 and 10.
Ail that part of Frederick Boulevard, being a part of
that certain Plat known as DEL-RATON PARK as recorded in
Plat Book 14, Pages 9 and 10, Public Records of Palm
Beach County, Florida, described as follows: Beginning
at the Northwest corner of Lot 14, Block 37 of DEL-RATON
Park; thence Westerly to the Northeast corner of Lot 4,
Block 21 of DEL-RATON PARK; thence Southerly along the
Easterly line of Lot 4, Block 21 of DEL-RATON PARK to the
Southeast corner of said Lot 4, Block 21, DEL-RATON PARK;
thence Easterly to the Southwest corner of Lot 18, Block
37, DEL-RATON PARK; thence Northerly along the Westerly
boundary of Lots 18, 17, 16, 15 and 14, Block 37, DEL-
RATON PARK to the Point of Beginning.
Lots 12, 13, 34 and 35, and 50 ft. strip lying west of
Lots 12 and 13, extension to Highway 1, Block 37, DEL-
RATON PARK subdivision, Palm Beach County, Florida, re
Plat Book 14, P. 9, Palm Beach County, Florida Public
Records.
That part of Avenue B as shown on the Plat of DEL-RATON
PARK as recorded in Plat Book 14, Page 9, Palm Beach
County, Florida, Public Records, bounded as follows: On
the East by the West line of Lots 12 and 13, Block 37; on
the North by the Westerly extension of the North line of
Lot 12, Block 37, and the South line of Block B; on the
South by the Westerly extension of the South line of Lot
13, Block 37, and the North line of Block 21, and on the
West by a line parallel to and 60 feet East of the center
line of State Road 5 as shown on Road Plat Book 2, Page
74, all being in the Plat of DEL-RATON PARK, as recorded
in Plat Book 14, Page 9, Palm Beach County, Florida
Public Records.
The subject property is located south of Tropic Boule-
vard, between Federal Highway and Florida Boulevard.
The above-described parcel contains a 1.27 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-
nance No. 33-84; and,
WHEREAS, in order for this parcel to be zoned to the City Zoning
classification of SC (Specialized 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 RM-Residential Medium Density, 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 RM-Residential Medium Density, in
part, and CG-General Commercial, in part, to SC (Specialized 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 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 8th day of
May , 1984.
M A Y 0 ~ ' '
ATTEST:
City 'C 1 erk
-2- Res. No. 37-84