09-026
I ORDINANCE NO. 09-026
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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.
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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
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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
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33 best interest of the health, safety, and welfare of the citizens and residents of the City of
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1 Boynton Beach.
.2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
~ THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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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:
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21 * * *
.,., ~ Waivers of provisions 4. a. thru d. above.
.,~ may be granted by the City Commission for existing
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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.
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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
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~~ contlict with any provisions of this ordinance are hereby repealed.
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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.
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Section 6.
Authority is hereby given to codifY this Ordinance
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Section 7.
This ordinance shall become effective immediately.
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8
FIRST READING this ~~ay of ~~_, 2009.
SECOND, FINAL READING AND PASSAGE this _ #'"" day of {1u4lpf:2009.
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29 ;' anet M. Prainit
30 City Clerk
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32 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
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~~ I <~--r
M~6r- Je Taylo
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11/~~~ JC
Vice Mayor- Woodrow .
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c070 Ronald Weiland
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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.
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10 CITY OF BOYNTON BEACH. FLORIDA
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13 Mayor- Jery{Taylor.! ~
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16 Vice :t\J.ayor WoodrowL. Hay
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18 <:, ' '.-', . ,..... .:. .'
J 9 Ronald Weiland
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21 _ __ .., .___-:-____
'n Co!?miss' ~.c]ose Rodriguez/
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25 Commissioner Marl~ne Ross . ~
26 ATTEST:
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29 Janet M. Prainito!CMC '
30 City Clerk
3 J
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