Res. No. 22-20RESOLUTION NO. 22-20
A RESOLUTION OF THE QTY CD1\1MISSION OF THE QTY OF DELRAY
BEAŒI, FLORIDA, APPROVING A REQUEST FOR A CONDITIONAL USE
PURSUANT TO LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, AND THE COMPREHENSIVE PLAN, TO AUIHORIZE 24-
HOUR OPERATIONS AT A CDNVENIENCE MART (GASOLINE STATION
WITH FOOD SALES), KNOWN AS 7-ELEVEN AT VIA DELRAY, RELATED
TO THE DEVELOPMENT OF A CONVENIENCE MART (GASOLINE
STATION WITH FOOD SALES) AT 13555 SOUIH :MILITARY TRAIL, AS
MORE PARTICULARLY DESŒIBED IN EXHIBIT "A"; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER 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') immediatelywest 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 City of Delray Beach, which the City 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 (GC) on the City of Delray Beach Land Use Map, which the City approved 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 (GC) to City of Delray Beach General C.ommercial (GC) which the City of Delray
Beach approved on October 1, 2019; and
WHEREAS, a C.onditional Use application (File Number 2020-061-USE) for a 24-Hour or Late Night
Businesses, and 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 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 Land Development Regulations (LDR) Section
2.4.5(E)(5), Estab/,ishrœnt, if a Onlitinnal Use, of the City of Delray Beach C.ode of Ordinances; and
WHEREAS, the Applicant has met the standards for 24-Hour or Late Night Businesses provided in LDR
Section 4.3.3(VV); and
WHEREAS, the City C.ommission has reviewed the C.onditional Use request for a 24-Hour or Late Night
Businesses for the proposed 7-Eleven at Via Delray redevelopment, and has considered the respective findings as set
forth in the Land Development Regulations.
NOW, THEREFORE, BE IT RESOL VED BY THE QTY C01\1MISSION OF THE QTY OF DELRAY
BEAŒI, FLORIDA, AS FOLLOWS:
Section 1. That the forgoing recitals are hereby incorporated herein by this reference and are approved and adopted.
Section 2. The City Commission makes positive findings for granting approval of the Conditional Use to authorize
24-hour operations at 7-Eleven at Via Delray, pursuant to Chapter 3 and LDR Sections 2.4.S{E){S) and 4.3.3{VV).
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED in regular session on the --3!±_
KaterriJohnso ~
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RES NO. 22-20
EXHIBIT "A"
7-ELEVEN AT VIA DELRAY LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 11, TOWNSHIP 46 SOUTI-I, RANGE 42 EAST, PALM
BEAŒI ffiUN1Y, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENONG AT TI-IE EAST QUARTER CORNER OF SECTION 11, TI-IENCE WITH A BEARING
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 RIGHf-OF-WAY LINE OF MILITARY
TRAIL (S.R 809) 11-IENCE WITH A BEARING OF SOUTH 01°19'42" EAST, ALONG TI-IE WEST
RIGHf-OF-WAYLINE OF MILITARYTRAILRIGHf-OF-WAY A DISTANCE OF 286.15 FEET TOA
POINT ON TI-IE SOUTH RIGHfOF-WAY LINE OF VIA DELRAY, AS RECORDED IN O.R BOOK
2226. PAGE 1210 OF TI-IE PUBLIC RECORDS OF PALM BEAŒI COUN1Y, FLORIDA; SAID POINT
BEING TI-IE POINT OF BEGINNING; 11-IENCE CONTINUE ALONG TI-IE AFOREMENTIONED
WEST RIGHf-OF-WAY LINE OF MILITARY TRAIL A DISTANCE OF 384.84 FEET; TI-IENCE WITH
A BEARING OF SOUTH 89°17'12" WEST, A DISTANCE OF 384.73 FEET; TI-IENCE WITH A
BEARINGOFNORTH0°.39'02" WEST,ADISTANCE OF 410.40FEETTOAPOINTONTI-IE SOUTH
RIGHf-OF-WAY LINE OF VIA DELRAY; 11-IENCE WITH A BEARING OF NORTH 89°20'58" EAST,
ALONG TI-IE SOUTH RIGHf-OF-WAY LINE OF VIA DELRAY, A DISTANCE OF 361.89 FEET TO
A POINT; 11-IENCE WITH A BEARING OF SOUTH 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 PALM BEAŒI COUNfY
DESCRIBED IN THAT CERTAIN STIPULATED ORDER OF TAKING RECORDED IN OFFIOAL
RECORDS BOOK 5893, PAGE 1036 AND IN THAT CERTAIN STIPULATED FINAL JUDGMENT
RECORDED IN OFFIOAL RECORDS BOOK 6633, PAGE 172, OF TI-IE PUBLIC RECORDS OF
PALM BEAŒI COUNfY, FLORIDA
SAID LAND SITUATE IN TI-IE QTY OF DELRAY BEAŒI, PALM BEAŒI COUN1Y, FLORIDA
AND CONTAIN 3.57 ACRES, MORE OR LESS.
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RES NO. 22-20
EXHIBIT "B"
7-ELEVEN AT VIA DELRAY LOCATION MAP
Via Delray 1------.--.-----.-.--~---~ - ....
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J I Bexley ar Dr
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Lake Ida Rd
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RES NO. 22-20