Ordinance No. 23-19ORDINANCE NO. 23-19
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND RE-DESIGNA TING
PORTIONS OF LAND PRESENTLY ZONED PALM BEACH COUNTY
GENERAL COMMERCIAL (GC), TO CITY OF DELRAY BEACH
GENERAL COMMERCIAL (GC); FOR A PARCEL OF LAND LOCATED
ON THE WEST SIDE OF SOUTH MILITARY TRAIL, IMMEDIATELY
SOUTH OF VIA DELRAY BOULEY ARD, AND WHICH MEASURES
APPROXIMATELY 3.57± ACRES, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "CITY OF DELRAY BEACH,
ZONING MAP, JUNE 29, 2017"; PROVIDING A CONFLICTS CLAUSE,
AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DA TE;
AND FOR OTHER PURPOSES.
WHEREAS, the property hereinafter described is presently zoned Palm Beach County General
Commercial (GC) District; and
WHEREAS, 7-Eleven, Inc. is the fee simple owner of the subject property lying on the west side of
Military Trail, immediately south of Via Delray Boulevard; 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 1, 2019; and
WHEREAS, the owner of the subject property has simultaneously requested the property be
provided a comprehensive plan designation of GC in the City of Delray Beach Comprehensive Plan, which
the City of Delray Beach approved on October 1, 2019; and
WHEREAS, the owner of the subject property has simultaneously requested re-designating the
City of Delray Beach Zoning map of said land from Palm Beach County General Commercial (GC) to City
of Delray Beach General Commercial (GC); and
WHEREAS, pursuant to Florida Statutes l 63.3174(4)(c), the Planning and Zoning Board for the City of
Delray Beach, sitting as the Local Planning Agency, considered this item at a public hearing on July 15,
2019, and voted 5-0 to recommend that the property hereinafter described be rezoned to City of Delray
Beach General Commercial (GC), 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 the Zoning District Map of the City of Delray Beach, Florida, be
amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The recitations set forth above are incorporated herein.
Section 2. The Zoning District Map of the City of Delray Beach, Florida, be and the same, is
hereby amended to reflect a zoning classification 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 89º20'58" 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 01 º19'42"
EAST, ALONG THE WEST RIGHT-OF-WA Y LINE OF MILITARY TRAIL RIGHT-OF-WA Y
A DISTANCE OF 286.15 FEET TO A POINT ON THE SOUTH RIGHTOF-WA Y LINE OF VIA
DELRAY, AS RECORDED IN O.R. BOOK 2226. PAGE 121 O 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 89°20'58" 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 45º29'22" 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 CERTAIN
STIPULATED FINAL JUDGMENT RECORDED IN OFFICIAL RECORDS BOOK 6633,
PAGE 172, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID LAND SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA AND CONTAIN 3.57 ACRES, MORE OR LESS.
Section 3. The City of Delray Beach Zoning Map shall, upon the effective date of this
ordinance, be amended to conform to the provisions of Section 2 hereof.
Section 4. All ordinances or parts thereof or parts of the Code conflicting or inconsistent with
the provisions of this ordinance are hereby repealed.
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ORD NO. 23-19
Section 5. 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 6. This Ordinance shall become effective concurrent with the effective date of
Ordinance No. 22-19, amending the Comprehensive Plan, and upon approval at second reading. No
development orders, development permits, or land uses dependent on this amendment may be issued or
commence before it has become effective.
I* PASSED AND ADOPTED in regular session on second and final reading on this_day of
Ocio~ ,2019.
First Reading
Second Reading /D/1 /¡ î
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ORD NO. 23-19