File #: 20-112    Version: 1 Name:
Type: Resolution Status: Passed
File created: 1/31/2020 In control: City Commission
On agenda: 3/3/2020 Final action: 3/3/2020
Title: RESOLUTION NO. 21-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A REQUEST TO ESTABLISH A CONDITIONAL USE PURSUANT TO LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, AND THE COMPREHENSIVE PLAN, TO AUTHORIZE A CONVENIENCE MART (GASOLINE STATION WITH FOOD SALES), KNOWN AS “7-ELEVEN AT VIA DELRAY” AT 13555 SOUTH MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES (QUASI-JUDICIAL).
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Resolution 21-20 - 7-Eleven Conditional Use (Gasoline Station w/Convenience Mart), 3. PZB Staff Report - 7-Eleven Conditional Use, 4. Location Map - 7-Eleven at Via Delray, 5. Legal Review - Res 21-20 - 7-Eleven at Via Delray
TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Department
THROUGH: George Gretsas, City Manager
DATE: March 3, 2020

Title
RESOLUTION NO. 21-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A REQUEST TO ESTABLISH A CONDITIONAL USE PURSUANT TO LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, AND THE COMPREHENSIVE PLAN, TO AUTHORIZE A CONVENIENCE MART (GASOLINE STATION WITH FOOD SALES), KNOWN AS “7-ELEVEN AT VIA DELRAY” AT 13555 SOUTH MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES (QUASI-JUDICIAL).
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Recommended Action:
Recommendation
Review and consider Resolution No. 21-20, a request for Conditional Use approval for a gasoline station for a 7-Eleven located at 13555 South Military Trail.

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Background:
The subject property is located at 13555 South Military Trail, on the southwest corner of South Military Trail and Via Delray Boulevard. The site presently consists of a gasoline station with 4 fuel pumps and 8 fueling stations under a 199 SF canopied area, a 700 SF convenience store (built in 1984), and a 720 SF car wash (built in 1995). The gas station received a “special exception” approval under Palm Beach County jurisdiction on February 24, 1983. The gasoline station has been operating as a 24-hour facility since it opened in 1984; however, no documentation on the approval from the County is available and the gas station redevelopment represents an expansion of the existing use.
In 2019, the City Commission approved a request to annex the property into the city. The annexation (Ordinance No. 21-19), future land use map (FLUM) amendment (Ordinance No. 22-19), and rezoning (Ordinance 23-19), were approved on October 1, 2019. Upon annexation, a Conditional Use application was not required because the existing use was not expanding at that time. Concurrent with the request for Conditional Use approval, the ap...

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