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LEGAL APPROVAL ORDINANCE NO. 0 00-58 AN ORDINANCE OF THE CITY COMMISSION OF THE cm OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2, SECTION 11.L. TO ALLOW THE REGULATIONS TO BE MODIFIED TO ALLOW GAS SALES ANCILLARY TO A PRINCIPLE USE IN A PCD, SUBJECT TO MINIMUM ACREAGE AND OTHER SITE STANDARDS; PROVIDING FOR CON FUCTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. XI. lEGA .'\, I WHEREAS, staff has recommended an amendment to the City's zoning code to allow the regulations to be modified to allow gas sales ancillary to a principle use in a PCD, subject to minimum acreage and other site standards; and WHEREAS, upon recommendation of staff, the City Commission of the ity of Boynton Beach has deemed it to be in the best interests of the citizens nd residents of the City of Boynton Beach to amend Chapter 2, Zoning, Section 11. L. Commercial Establishments Engaged in the Retail Sale of Gasoline and asoline Products. to allow the regulations to be modified to allow gas sales ncillary to a principle use in a PCD, subject to minimum acreage and other site ndards; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas dauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2. Zoning, Section 11. L.COMMERCIAL ESTABUSHMENTS ENGAGED IN THE RETAIL SALE OF GASOUNE OR GASOUNE PRODUCTS. is hereby amended by adding the words and figures in underlined pe and by deleting the words and figures in struck-through type, as follows: 1. Purpose. Tne purpose of these regulations is to establish development standards for commercial establishments which engage in the sale of gasoline, or other motor fuels. These regulations .... 2.Definitions. For the purpose of this ordinance, the following definitions shall apply: Ancillary Building or Structure. A building or structure incidental to, subordinate to and subservient to the orincioal building or structure located on the premises. Ancillarv Use. A use incidental to, subordinate to and subservient to the orincioal use of the premises. Automotive service station. The use of a building... 3. Development standards which applv to all gasoline disoensing establishments exceot those described under Subsection 4 of this Section I. below: a. Location (1) All gasoline dispensing establishments not determined to be ancillary uses a described in Subsection 4 below shall be located only at the intersection f any combination of the following roads as designated in the Boynton Beach omprehensive Plan: ... Front - 35 feet Side - 20 feet Rear - 20 feet Other: (a) No canooy shall be located less than twenty (20) feet from any orooertv line. (b) No gasoline oump island shall be located less than thirty (30) feet from any orooerty line. (c) The entrance to a building wherein motor vehicles are washed by a mechanical means shall be located a minimum distance of seventy-five (75) feet from the street lines to provide an off-street area of waiting vehicles. Car washes shall : 1. be fully automatic; 2. recycle all water used in the car washing process. . e No asoline dis ensin e Iishment shall be located within two hundred (200) feet from a residential structure. Distances for the ourpose of this subsection shall be measured from the closest gaSOline pump island or canooy of the gasoline dispensing establishment to the closest boundary wall of the residential structure. b. Buffers. Exce t for ermitted drivewa 0 enin s a five 5 foot wide landscaoed buffer shall be located around that portion of the parcel of which the gasoline disoensing establishment is located. When the buffer separates the oortion of the oroperty on which the gasoline-dispensing establishment is located from a residentially zoned orooertv. the buffer shall contain a six (6) foot high concrete walllandscaoed on the exterior side by a continuous hedge no less than thirty-six (36) inches high and planted twenty-four (24) inches on center at time of planting; trees ten (10) to fifteen (15) feet in height with three-inch caliper every forty (40) feet~ and groundcover. When the buffer seoarates the portion of the prooertv on which the gasqline dispensing establishment is located from other commercial prooertv. the buffer shall not be required to contain a concrete wall. Landscaping shall be continuouslv maintained. 1. The wall shall be keot in good repair and aooearance at all times. 2. Openings with gates may be allowed where deemed aporopriate by the City Commission. c. Design Criteria. 1. All gasoline dispensing establishments defined as ancillarv to a principal tenant of a planned commercial district. shall conform in design to the approved desian plan of the orincipal tenant. 2. No gasoline dispensing establishments defined as ancillary to a principal tenant shall be oermitted to advertise product oricing on the site sign identifying the primary tenant or occuoant. 3. All gasoline disoensing establishments defined as ancillary to a principal tenant of a planned commercial district shall not install exterior site lighting which exceeds ohotometric levels of 50-foot candles average maintained. d. Conditional Use. Gasoline disoensing establishments defined as ancillary to a principal tenant of a planned commercial district are herebv designated as a conditional use as that term is defined in Section 11.2. e. Distance Separation Reauirements. No gasoline dispensing establishment shall be located within two hundred (200) lineal feet from a residential structure. Distances for the purpose of this subsection shall be measured from the closest gasoline pump island or canopy of the gasoline dispensing establishment to the closest boundary wall of the residential structure. Section 5. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 7. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, uch decision shall not affect the remainder of this Ordinance. Section 8. Authority is hereby given to codify this Ordinance. Section 9. This Ordinance shall become effective immediately. FIRST READING this ~ day of October, 2000. SECOND, FINAL READING AND PASSAGE this October, 2000. day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner ATTEST: City Clerk s:ca\ord\Amend LOR - Gasoline Establishments - PCOO92700 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 5. Proposed Ordinance No. 000-57 Re: Amending Chapter 2, Section 11.L.3.a. to allow retail sale of gasoline or gasoline products to be permitted on parcels of land containing 12 acres or more, located within a 1,000 foot radius of an intersection, and fronting on a roadway of three lanes or more Attorney Cherof reported that no Ordinance had been prepared for this Agenda Item due to the adverse treatment by staff and the Planning and Development Board. Attorney Cherof stated that the Ordinance should be either deleted from the Agenda and directed that no Ordinance be prepared, or to direct that an Ordinance be prepared. Motion Commissioner Fisher moved to deny Ordinance 000-57. Motion seconded by Commissioner Black. City Clerk Sue Kruse polled the vote. The vote was unanimous. 6. 'ProposedOrdinance No. 000-58 Re: Amending Chapter 2, Section l1.l to allow automobile fueling facilities as ancillary uses in Planned Commercial Developments of ten (10) acres or more, and approved as conditional uses under separate development standards and locational criteria Attorney Cherof read Proposed Ordinance No. 000-58 by title only. Motion Commissioner Fisher moved to approve Ordinance 000-58. Motion seconded by Commissioner Black. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Resolutions: Motion Commissioner Fisher moved to remove ROO-134 from the table. Motion seconded by Commissioner Black and unanimously carried. 1. Proposed Resolution No. ROO-134 Re: Authorizing the use of City-owned property for sidewalk relocation and the addition of a second left-turn lane from northbound Seacrest Boulevard onto westbound Woolbright Road (TABLED ON 9/19/00) Attorney Cherof read Proposed Resolution No. ROO-134 by title only. 20