Ordinance No. 22-19ORDINANCE NO. 22-19
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING A SMALL-SCALE FUTURE
LAND USE MAP AMENDMENT FOR ONE (1) PARCEL OF LAND, AND
RE-DESIGNATING SAID LAND FROM PALM BEACH COUNTY
COMMERCIAL HIGH (CH-5) TO CITY OF DELRAY BEACH GENERAL
COMMERCIAL (GC), PURSUANT TO THE PROVISIONS OF THE
"COMMUNITY PLANNING ACT", FLORIDA ST A TUTES SECTION
163.3187; SAID LAND LOCATED IMMEDIATELY WEST OF SOUTH
MILITARY TRAIL, AND IMMEDIATELY SOUTH OF VIA DELRAY
BOULEVARD WHICH MEASURES APPROXIMATELY 3.57± ACRES,
AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A
CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING
AN EFFECTIVE DA TE; AND FOR OTHER PURPOSES.
WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of
Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act";
and
WHEREAS, in passing Ordinance No. 82-89, the City Commission adopted the "Comprehensive
Plan - Delray Beach, Florida"; and
WHEREAS, 7-Eleven, Inc. is the fee simple owner of a one (1) parcel of land which measures
approximately 3.54 acres± and is located on the west side of South Military Trail, immediately south of Via
Delray Boulevard; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM)
designation from Palm Beach County of Commercial High (CH-5); and
WHEREAS, the owner of the subject property has requested that the subject property be annexed
into the City of Delray Beach, which the City of Delray Beach approved on October 2, 1019; and
WHEREAS, the owner of the subject property has simultaneously requested re-designating the Future
Land Use Map of said land from Palm Beach County Commercial High (CH-5) to City of Delray Beach
General Commercial (GC); and
WHEREAS, pursuant to Florida Statutes 163 .317 4( 4 ), the Planning and Zoning Board for the City
of Delray Beach, sitting as Local Planning Agency, considered this item at a public hearing on July 15, 2019,
and voted 5 to O to recommend that the Future Land Use Map designation be changed for the property
hereinafter described, finding that the request and approval thereof is consistent with the Comprehensive
Plan and meets the criteria set forth in the Land Development Regulations; and
WHEREAS, it is appropriate that General Commercial (GC) is hereby deemed the Future Land Use
Map designation on the Future Land Use Map of the City of Delray Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. The recitations set forth above are incorporated herein.
Section 2. The Future Land Use Map designation of the subject property is hereby officially
affixed as General Commercial (GC).
Section 3. The City Commission of the City of Delray Beach, Florida, hereby declares its intent
to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3 I 61 through
163.3248, inclusive, known as the "Community Planning Act."
Section 4. The Future Land Use Map of the City of Delray Beach, Florida, be and the same, is
hereby amended to reflect a Future Land Use Map designation of General Commercial (GC) for the following
described property:
A PARCEL OF LAND LYING IN SECTION 11, TOWNSHIP 46 SOUTH, RANGE 42 EAST,
PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SECTION 11, THENCE WITH A
BEARING OF SOUTH 89°20'58" WEST, ALONG THE EAST-WEST QUARTER LINE OF
SECTION 11, A DISTANCE OF 60.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY
LINE OF MILITARY TRAIL (S.R. 809) THENCE WITH A BEARING OF SOUTH 01º19'42"
EAST, ALONG THE WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL RIGHT-OF-WAY A
DISTANCE OF 286.15 FEET TO A POINT ON THE SOUTH RIGHTOF-WAY LINE OF VIA
DELRAY, AS RECORDED IN O.R. BOOK 2226. PAGE 1210 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; SAID POINT BEING THE POINT OF BEGINNING;
THENCE CONTINUE ALONG THE AFOREMENTIONED WEST RIGHT-OF-WAY LINE OF
MILITARY TRAIL A DISTANCE OF 384.84 FEET; THENCE WITH A BEARING OF SOUTH
89°17'12" WEST, A DISTANCE OF 384.73 FEET; THENCE WITH A BEARING OF NORTH
0°39'02" WEST, A DISTANCE OF 410.40 FEET TO A POINT ON THE SOUTH RIGHT-OF-
WAY LINE OF VIA DELRAY; THENCE WITH A BEARING OF NORTH 89º20'58" EAST,
ALONG THE SOUTH RIGHT-OF-WAY LINE OF VIA DELRAY, A DISTANCE OF 361.89
FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 45°29'22" EAST, A DIST ANCE
OF 35.46 FEET MORE OR LESS TO THE POINT OF BEGINNING.
LESS AND EXCEPTING THEREFROM THE LAND CONVEYED TO PALM BEACH COUNTY
DESCRIBED IN THAT CERTAIN STIPULATED ORDER OF TAKING RECORDED IN
OFFICIAL RECORDS BOOK 5893, PAGE 1036 AND IN THAT CERT AIN STIPULA TED FINAL
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ORD NO. 22-19
JUDGMENT RECORDED IN OFFICIAL RECORDS BOOK 6633, PAGE 172, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID LAND SITUA TE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA AND CONTAIN 3.57 ACRES, MORE OR LESS.
Section 5. The Future Land Use Map of the City of Delray Beach, Florida, shall, upon the
effective date of this ordinance, be amended to conform to the provisions of Section 4 hereof.
Section 6. All ordinances or parts thereof or parts of the Code conflicting or inconsistent with the
provisions of this ordinance are hereby repealed.
Section 7. If any word, clause, sentence, paragraph, section or part thereof contained in this
Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a court of competent
jurisdiction, such declaration shall not affect the validity of the remainder of this ordinance.
Section 8. This ordinance shall become effective thirty-one (31) days after adoption, unless the
Comprehensive Plan amendment is timely challenged. If timely challenged, the effective date of this
Ordinance shall be the date a final order is issued by the State Land Planning or the Administration
Commission, finding the adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commence before it has become
effective. If a final order of noncompliance is issued by the Administration Commission, this amendment
may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which
resolution shall be sent to the state land planning agency. ,~
PASSED AND ADOPTED in regular session on second and final reading on this_day of
Oc.I:~ , 2019.
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First Reading Z: /20 /¡ 'I
Second Reading loh It <J
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ORD NO. 22-19