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09-026 I ORDINANCE NO. 09-026 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 2, SECTION 11, 6 "SUPPLEMENT AL REGULATIONS", SUB-SECTION L 7 "COMMERCIAL ESTABLISHMENTS ENGAGED IN THE 8 RET AIL SALE OF GASOLINE OR GASOLINE 9 PRODUCTS", BY ADDING SUB-SECTION 4. E. TO 10 ALLOW/ADD A WAIVER PROCESS FOR MINIMUM II SETBACKS ASSOCIATED WITH ANCILLARY FUELING 12 CENTERS WITHIN PLANNED COMMERCIAL 13 DEVELOPMENT (PCD) ZONING DISTRICTS ANNEXED 14 INTO THE CITY; PROVIDING FOR CONFLICTS, 15 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 16 DATE. 17 18 WHEREAS, Chapter 2, Section 11, "Supplemental Regulations", Sub-Section L. 4., 19 "Commercial Establishments Engage in the Retail Sale of Gasoline or Gasoline Products" of 20 the current zoning regulations allow the ancillary sale of gasoline in a Planned Commercial 21 Development (PCD) zoning district with a minimum separation of two hundred (200) feet 22 between any gas pump island or canopy and the adjacent right-of-way: ')~ WHEREAS, in all other zoning districts in which the sales of gasoline is allowed, the ~.) 24 gasoline pump island or canopy may be located twenty (20) feet from a right-of-way; and 25 WHEREAS, staff is recommending a code amendment that would create an 26 opportunity for a waiver request of the two hundred (200) feet setback to the City Commission 27 . for existing projects being annexed into the City when such regulation cannot be tully complied 28 with. but the intent of the Land Development Regulations is met: and 29 WHEREAS, the City Commission has considered staffs recommendations and reports, 30 and determines and finds that it would be appropriate to amend the Land Development 31 Regulations to retlect this addition: and ~') WHEREAS, the City Commission finds that the adoption of this ordinance is in the .)- 33 best interest of the health, safety, and welfare of the citizens and residents of the City of - I- c \Dpcllmenls and Settings\PramitoJ\Local Settmgs..Temporary Internet Filcs\OLK I 04\Amend [DR ell 2 S[.C II (4 J(liasoline) doc I 1 Boynton Beach. .2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF ~ THE CITY OF BOYNTON BEACH, FLORIDA, THAT: -' 4 Section 1. The foregoing whereas clauses are true and correct and are now ratified 5 and confirmed by the City Commission. 6 Section 2. Chapter 2, Section Il.LA. of the Land Development Regulations of the 7 City of Boynton Beach Code of Ordinances is hereby amended as follows: 8 L. COMMERCIAL ESTABLISHMENTS ENGAGED IN 9 THE RETAIL SALE OF GASOLINE OR GASOLINE 10 PRODUCTS II * * * 12 4. As to all gasoline dispensing establishments that are 13 an ancillary use located or operated in or from an ancillary building 14 or structure within a parcel of land of not less than ten (10) acres 15 within a "Planned Commercial District" (PCD) governed by 16 Section 6.F. of the City of Boynton Beach Zoning Code, and which 17 gasoline dispensing cstablishment is operated by the person( s) or 18 entity(s) that operates the principal use located on such parcel of 19 land; and do not meet all of the requirements set forth under "0 II Subsection 3., above, the following shall be applicable: - i 21 * * * .,., ~ Waivers of provisions 4. a. thru d. above. .,~ may be granted by the City Commission for existing c..) 24 proiects annexed into the City. when the regulation cannot 25 be fullv complied with, but where the intent of the Lad 26 Development Regulations is met. The application shall 27 provide iustitication of the waiver and submit a mitigation 28 plan off-setting the impact. 29 30 Section 3. Each and every other provision of the Land Development Regulations 31 not herein specifically amended, shall rcmain in full force and etlect as originally adopted. v, Section 4. All laws and ordinances applying to the City of Boynton Beach in )' ~~ contlict with any provisions of this ordinance are hereby repealed. -'-' 2 S \\ .y.( Jrdmanccs.LDR ChangcsIAl11cnd I DR L'II 2 Sh' I 114 J( liasoIinc) doc " Section 5. Should any section or provision of this Ordinance or any portion thereof 2 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 3 remainder of this Ordinance. 4 Section 6. Authority is hereby given to codifY this Ordinance 5 Section 7. This ordinance shall become effective immediately. 6 8 FIRST READING this ~~ay of ~~_, 2009. SECOND, FINAL READING AND PASSAGE this _ #'"" day of {1u4lpf:2009. 7 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ;' anet M. Prainit 30 City Clerk 31 32 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA '. ~' ~~ I <~--r M~6r- Je Taylo v 1 '\ 11/~~~ JC Vice Mayor- Woodrow . ~~' p:, . 1///" ~.. ,...)~ ~ <> .-e~ c070 Ronald Weiland .3. S:\CA\Ordinances\LDR Changes\Amend LOR CIi 2 SEe] 1(4)(Gasoline},doc I Section 5. Should any section or provision of this Ordinance or any portion thereof 2 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 3 remainder of this Ordinance. 4 Section 6. Authority is hereby given to codify this Ordinance 5 Section 7. This ordinance shall become etlective immediately. 6 II I ~ I. 7 ' FIRST READING this ~ day of ~ ~ _,2009. 8 SECOND, fINAL READINU AND PASSAGE this-"'. day of /'L ~~,2009. 9 10 CITY OF BOYNTON BEACH. FLORIDA 11 c .~ ./ I' I ',,,-1/ ..--- _ r:...;.. / 7'" ", I ~ ' j--- 13 Mayor- Jery{Taylor.! ~ .. / 14 . .,/" / Ie / / '( '" --."..,-/; . 't . < .(. _, t, {.. -c;' (..( '"-t. 16 Vice :t\J.ayor WoodrowL. Hay 17 - \ 18 <:, ' '.-', . ,..... .:. .' J 9 Ronald Weiland 20 ,/ __' --- / -- 21 _ __ .., .___-:-____ 'n Co!?miss' ~.c]ose Rodriguez/ J~ '"\ ; .,"'~ /' -- :; " I'~'/~_-:(/." ".~./~ -' ,," ,I:, 'x. ~4 / ' '; '- ,_1:::, I~.;_, /''1: - L__,. 25 Commissioner Marl~ne Ross . ~ 26 ATTEST: 27 , --"1-/ {' .,'" ..., A f /' "'., _8 .', . , ./ ,. / (.- '~/" ( / (I / 29 Janet M. Prainito!CMC ' 30 City Clerk 3 J .~2 (Corporate Seal) , .1- S (',\',()rdinanccsll.DR ehangcs\Al11cnd LDR l'1I2 \1 C I 1(41(ljasolinc) doc