File #: 21-215    Version: 1 Name:
Type: Request Status: Failed
File created: 2/16/2021 In control: City Commission
On agenda: 4/6/2021 Final action: 4/6/2021
Title: RESOLUTION NO. 06-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A CONDITIONAL USE PURSUANT TO THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO ALLOW THE OPERATION OF A GASOLINE STATION AT 10 SOUTH CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL). RESOLUTION NO. 48-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER TO SECTION 4.4.12(F)(2) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING A REDUCTION TO THE MINIMUM FLOOR AREA REQUIRED FOR A FREE-STANDING STRUCTURE FOR A PROPOSED RACETRAC CONVENIENCE STORE WITH A FLOOR AREA OF 5,411 SQUARE FEET LOCATED AT 10 S. CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL).
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Res. No. 06-21 - Conditional Use (Gas Station), 3. RaceTrac - Conditional Use Request, 4. Res. No. 48-21 - Waiver Bldg Size, 5. RaceTrac - Waiver request and justification statement, 6. RaceTrac - Location Map, 7. RaceTrac - PZB Staff Report, 8. RaceTrac - Site Plans 1 of 3, 9. RaceTrac - Site Plans 2 of 3, 10. RaceTrac - Site Plans 3 of 3, 11. RaceTrac - Photometric Plan (1), 12. RaceTrac - Traffic Impact Analysis, 13. RaceTrac - Palm Beach County TPS Letter, 14. RaceTrac - Stormwater Management Plan, 15. RaceTrac - Declaration of Covenants, 16. RaceTrac - DIA Map 2 (Referenced), 17. RaceTrac - Legal Review Reso 06-21 Conditional Use, 18. RaceTrac - Legal Review for Waiver, 19. 2021, 4-5 Letter to Walia re RaceTrac
TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Jennifer Alvarez, Interim City Manager
DATE: April 6, 2021

Title
RESOLUTION NO. 06-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A CONDITIONAL USE PURSUANT TO THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO ALLOW THE OPERATION OF A GASOLINE STATION AT 10 SOUTH CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL).

RESOLUTION NO. 48-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER TO SECTION 4.4.12(F)(2) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING A REDUCTION TO THE MINIMUM FLOOR AREA REQUIRED FOR A FREE-STANDING STRUCTURE FOR A PROPOSED RACETRAC CONVENIENCE STORE WITH A FLOOR AREA OF 5,411 SQUARE FEET LOCATED AT 10 S. CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL).

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Recommended Action:
Recommendation
Review and consider Resolution Nos. 06-21 and 48-21.

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Background:
The subject site is located at 10 S. Congress Avenue, on the southwest corner of West Atlantic Avenue and South Congress Avenue. The subject site is zoned Planned Commercial (PC) and is an outparcel tract in the Congress Square shopping center. The existing 13,305 sq. ft. Walgreens pharmacy is proposed to be demolished and replaced with the construction of a RaceTrac gasoline station with a 5,411 sq. ft. convenience store, 565 sq. ft. patio area, and a 8,622 sq. ft. fuel canopy with 10 fueling stations and 20 pumps.

LDR Section 4.4.12 (D)(1) allows gasoline stations as a conditional use.

LDR Section 4.4.12 (F)(2), requires “Any free-standing structure shall have a minimum floor area of 6,000 square feet; shall be architecturally compatible with other structures, shall take access from the interior circu...

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