Res. No. 21-20RESOLUTION NO. 21-20
A RESOLUTION OF TI-IE QTY COMMISSION OF TI-IE QTY OF DELRAY
BEAŒI, FLORIDA, APPROVING A REQUEST FOR A CONDITIONAL USE
PURSUANT TO LAND DEVELOPMENT REGULATIONS OF TI-IE CODE OF
ORDINANCES, AND TI-IE COMPREHENSIVE PLAN, TO AUTHORIZE A
CONVENIENCE MART {GASOLINE STATION WilH FOOD SALES),
KNOWN AS 7-ELEVEN AT VIA DELRAY LCOATED AT 13555 SOUTH
MILITARY TRAIL, AS MORE PARTICULARLY DESŒIBED IN EXHIBIT
"A"; PROVIDING AN EFFECTIVE DATE; AND FOR OTI-IER PURPOSES.
WHEREAS, 7-Eleven, Inc., ("Owner") is the fee simple owner of one {1) parcel of land measuring
approximately 3.57 acres ± and is located at 13555 South Military Trail ("Property') immediately west of South Military
Trail and immediately south of Via Delray Boulevard, more particularly described in the legal description in Exhibit
"A" and shown on the map in Exhibit "B"; and
WHEREAS, the Owner requested the Property be annexed into the Gty of Delray Beach, which the Gty of Delray
Beach approved on October 1, 2019; and
WHEREAS, the Owner requested the Property be provided a Land Use Map designation of General
C.ommercial {GQ on the Gtyof Delray Beach Land Use Map, which the Gtyapproved on October 1, 2019; and
WHEREAS, the Owner requested re-designating the City of Delray Beach Zoning map of said land from Palm
Beach C.ounty General C.ommercial ( GQ to City of Delray Beach General C.ommercial ( GQ, which the Gty of Delray
Beach approved on October 1, 2019; and
WHEREAS, a C.onditional Use application {File Number 2020-005- USE) for a convenience mart {gasoline
station with food sales) was reviewed by the Planning and Zoning Board at a public hearing on January 27, 2020, with
the Board voting 7 to O to recommend approval; and
WHEREAS, the Applicant has met the standards for convenience marts, a gasoline station which also sells
food and convenience items and does not accommodate repair or installation services where the sale of food and
convenience items is secondaryto use as a gasoline station, as defined in Land Development Regulations (LDR) Section
4.3.30) - Spedal ra:¡ui:renrnts for speijic use, of the City of Delray Beach C.ode of Ordinances; and
WHEREAS, the finding has been made that establishing the conditional use at the Property will not have a
significantly detrimental effect upon the stability of the neighborhood within which it will be located; nor hinder
development or redevelopment of nearby properties, as required by LDR Section 2.4.S{E){5), Estadisbnen: cf a
Corx:lili.onal Use, and
WHEREAS, the City C.ommission has reviewed the C.onditional Use request for a convenience mart {gasoline
station with food sales) for the proposed 7-Eleven at Via Delray redevelopment, and has considered the respective
findings as set forth in the Land Development Regulations.
NOW, TI-IEREFORE, BE IT RESOL VED BY TI-IE QTY COMMISSION OF TI-IE QTY OF DELRAY
BEAŒI, FLORIDA, AS FOLLOWS:
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RES. NO. 21-20
Section 1. That the forgoing recitals are hereby incorporated herein by this reference and are approved and
adopted.
Section 2. The Gty C.Ommission makes positive findings for granting approval of the Conditional Use to authorize
7-Eleven at Via Delray to operate a C.Onvenience Mart, pursuant to LDR Chapter 3 and Sections 2.4.S(E)(S) and 4.3.30).
Section 3. This Resolution shall be effective immediately upon ado io
PASS ED AND ADOPTED in regular session on the a__
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RES. NO. 21-20
EXHIBIT "A"
7-ELEVEN AT VIA DELRAY LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 11, TOWNSHIP 46 SOUTI-I, RANGE 42 EAST, PAI.M
BEAŒI CDUNfY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESŒIBED AS
FOLLOWS:
COMMENONG ATTI-IE EAST QUARTER CORNER OF SECTION 11, TI-IENCE WI1HABEARING
OF SOUTH 89°20'58" WEST, ALONG TI-IE EAST-WEST QUARTER LINE OF SECTION 11, A
DISTANCE OF 60.00 FEET TO A POINT ON TI-IE WEST RIGI-ff-OF-WAY LINE OF MILITARY
TRAIL (S.R 809) TI-IENCE WI1H A BEARING OF SOU1H 01°19'42" EAST, ALONG TI-IE WEST
RIGI-ff-OF-WAY LINE OF MILITARY TRAIL RIGI-ff-OF-WAY A DISTANCE OF 286.15 FEET TO A
POINT ON TI-IE SOU1H RIGHf0F-WAY LINE OF VIA DELRAY, AS RECORDED IN 0.R BOOK
2226. PAGE 1210 OF TI-IE PUBLIC RECD RDS OF PALM BEAŒI COUNTY, FLORIDA; SAID POINf
BEING TI-IE POINT OF BEGINNING; TI-IENCE CONTINUE ALONG TI-IE AFOREMENTIONED
WESTRIGHf-OF-WAYLINE OF MILITARY TRAIL A DISTANCE OF 384.84 FEET; TI-IENCE WI1H
A BEARING OF SOU1H 89°17'12" WEST, A DISTANCE OF 384.73 FEET; TI-IENCE WI1H A
BEARING OF NOR1H 0°39'02" WEST, A DISTANCE OF 410.40 FEET TO A POINT ONTI-IE SOU1H
RIGI-ff-OF-WAY LINE OF VIA DELRAY; TI-IENCE WI1H A BEARING OF NOR1H 89°20'58" EAST,
ALONG TI-IE SOUIHRIGHf-OF-WAYLINE OF VIA DELRAY, A DISTANCE OF 361.89 FEET TO
A POINT; TI-IENCE WI1H A BEARING OF SOU1H 45°29'22" EAST, A DISTANCE OF 35.46 FEET
MORE OR LESS TO TI-IE POINT OF BEGINNING.
LESS AND EXCEPTING TI-IEREFROM TI-IE LAND CONVEYED TO P AIM BEAŒI COUNfY
DESŒIBED IN 1HAT CERTAIN STIPULATED ORDER OF TAKING RECORDED IN OFFIOAL
RECORDS BOOK 5893, PAGE 1036 AND IN 1HAT CERTAIN STIPULATED FINAL JUDGMENf
RECORDED IN OFFIOAL RECORDS BOOK 6633, PAGE 172, OF TI-IE PUBLIC RECORDS OF
PALM BEAŒI COUNfY, FLORIDA
SAID LAND SITUATE IN TI-IE OTY OF DELRAY BEAŒI, PALM BEAŒI COUNfY, FLORIDA
AND CONTAIN 3.57 ACRES, MORE OR LESS.
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RES. NO. 21-20
EXHIBIT "B"
7-ELEVEN AT VIA DELRAY LOCATION MAP
Via Delray l--------r-----r--r--,------~---~ - .. ,-.
-
f==::::=:=:::::::::====:==::::::'.:::'..1.----" ~
Lake Ida Rd
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RES. NO. 21-20