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LEGAL APPROVAL . I..f:GA'J APPRO" A'., DOcr.IMENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 - i I , Ii II II I, ij Ii II ,I I. II II II " ORDINANCE NO. 092-6 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, APPENDIX A SECTION IlL TO ESTABLISH DEVELOPMENT STANDARDS FOR COMMERCIAL ESTABLISHMENTS ENGAGED IN THE SALE OF GASOLINE; PROVIDING FOR DEVELOPMENT STANDARDS TO REGULATE LOCATION, MINIMUM PLOT SIZE, MINIMUM STREET FRONTAGE, SETBACKS, AND BUFFERS; PROVIDING FOR DESIGN CRITERIA; PROVIDING FOR DESIGNATION OF SUCH COMMERCIAL ESTABLISHMENTS AS CONDITIONAL USES REQUIRING CONDITIONAL USE APPROVAL; PROVIDING FOR MINIMUM DISTANCE REQUIREMENTS FROM RESIDENTIAL STRUCTURES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, has heretofore directed the City Administrative staff and the Planning and Zoning Board to I ',stUdY the effect of business establishments engaged in the sale of gasoline on the health, safety, and welfare of the general community; and WHEREAS, the City Commission has considered the 30 recommendations developed by the City administrative staff and 31 the Planning and Zoning Board with respect to development and 32 regulatory standards for business which engage in the sale of 33 gasoline; and 34 WHEREAS, the City Commission has considered the effect of 35 businesses which engage in the sale of gasol ine and gasol ine 36 products to the public with respect to health, safety, and 37 - 38 39 40 41 42 welfare; and WHEREAS, the City Commission has determined that it is in the best interests of the citizens of Boynton Beach that II " ladd1t1onal and new development standards be adopted to regulate lithe retail sale of gasoline within the juriSdictional limits of II lithe City of Boynton Beach; and CODING: Words in s~~~ek-~ft~e~~ft type are deletion from existing law; Words in underscore type are additions. Page 1 of 6 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 " 38 39 40 41 42 43 44 45 I 'development standards set forth herein best establish a balance ,between the business interests of the community and the health, 1 II r I i I ! 2 3 4 WHEREAS, the City Com~ission has determined that the isafety, and welfare considerations to the general public; and 5 " 6 i! :1 CITY OF BOYNTON BEACH, FLORIDA, THAT: " NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE :, U Section 1. The foregoing "WHEREAS" clauses are hereby 'j'i . f' i ' : rat1 1ed and conf rmed as be1ng true and correct and are hereby imade a specific part of this Ordinance. ! :1 ilor without major repair, of Section 11 of Appendix A of the Code IOf Ordinances of the City of Boynton Beach is hereby deleted in II II its entirety and in its place the fOllowing new Subsection L is iadopted: II 'I II II II 'I I , 7 8 9 10 11 12 13 I jl I' I Ii I I) I, 2. il 'I I I, :, !I !i " II " :1 , " CODING: Section 2.. Subsection L, entitled Service Stations with L. COMMERCIAL ESTABLISHMENTS ENGAGED IN THE RETAIL SALE OF GASOLINE OR GASOLINE PRODUCTS. 1. PURPOSE The purpose of tbese regulations is to establish development standards for commercial establishments which engage in the sale of gasoline, or other motor fuels. These regulations are intended to cover businesses of any type, including convenience stores and automotive service stations. The development standards established by this section would overlay the development criteria stated in the zoning district in which these uses are allowed. Businesses, which engage in the sale of gasol ine or other motor fuels, shall require conditional use approval. DEFINITIONS - For the purpose of this Ordinance, the fOllowing definitions shall apply: AUTOMOTIVE SERVICE STATION. The use of a building or other structure, on a lot or parcel of land which includes any retail sale of gasoline or other motor fuels. CONVENIENCE STORE. Any place of business that is engaged in the retail sale of groceries, including the sale of 'pre~ared foods, and gasoline and Words in s~~~ek-~h~e~~h type are deletion from existing law; Words in underscore type are additions. Page 2 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 I 49 I 50 I I 51 - i 52 I 53 ,: 54 55 Ii ~! il 59 'j '/ 60 !i 61 II 62 'i ! 63 I II I , /, II 'j ,. il !I , :! il il ,I ,I I' t/ , :1 1: CODING: services. The term "convenience store" does not include a store which is solely or primarily a restaurant. GASOLINE DISPENSING ESTABLISHMENTS. Any commercial enterprise, including automotive service stations and convenience stores, which engage in the sale of gasoline or other motor fuels to the public. GRADE SEPARATED INTERSECTIONS. Use of the term Grade Separated Intersections shall mean any intersection Wherein one road passes over another road by ro~ans of a bridge or an overpass. 3. DEVELOPMENT STANDARDS A. Location. 1. All Gasoline Dispensing Establishments shall be located only at the intersAction of any combination of the following roads as designated in the Boynton Beach Comprehensive Plan: county arterial, state arterial, local collector, or county collector 2. Gasoline Dispensing Establishment shall only be located at any intersections consisting of roads of four lanes or wider. 3. The maximum number Dispensin~ Establishments intersection shall be two Dispensing Establishments located at diagonal permissible intersections. of Gasol ine located at any (2). Gasoline shall only be corners of B. Minimum Plot Size - 30,000 square feet. C. Minimum Street Frontage - 175 feet on each frontage m('asured from the intersecting right-of-way lines of the public streets. D. Driveways 1. No driveway shall be located less than 110 feet from the intersecting right-of- way lines of public streets. 2. Driveways shall be a minimum of 30 feet and a maximum of 45 feet in width. 3. Driveways shall not be located less than 30 feet from any interior property line. 4. Driveways will be limited to one per street frontage. Words in s~~~ek-~h~e~~ft type are deletion from existing law; Words in underscore type are additions. .t'age 3 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 - 52 53 54 55 56 57 58 59 60 61 62 63 II II II II :1 I' ,/ I! il II ij Ii i! Ii ;; :1 II f, ! I Ii :1 CODING: E. Setbacks - Setback requirements shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. 1. Front - 35 feet 2. Side - 20 feet 3. Rear - 20 feet 4 . Other. a. No canopy shall be than 20 feet from l.i.ne. located less any property b. No gasoline pump island shall be located less than 30 feet from any property line. c. The entrance to a building wherein motor vehicles are washed by mechanical means shall by 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 be a permitted accessory use at Gasoline Dispensing Establishments. Car washes shall: 1. be fully automatic 2. recycle all water used in the car washing process F. Buffers 1. A ten-foot wide landscape buffer shall be located along the street frontage. This buffer shall contain one tree 10 to 15 feet in height with a minimum 3 inch caliper every 40 feet, a continuous hedge 24 inches high, 24 inches on center at time of planting with flowering groundcover. 2. Interior property lines. a. A 10-foot wide landscaped buffer shall be located on all interior property lines. When the buffer separates the property from a residentially zoned property, the buffer shall contain a siX-foot . concrete wall landscaped on the exterior side by a continuous hedge no less than 36 inches high and planted 24 inches on center at time of planting; trees 10 to 15 feet in Words in s~~~ek-~h~e~~h type are deletion from existing law; Words in underscore type are additions. Page 4 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 I , I I i :1 height with 3 inch caliper every 40 feet; and groundcover. When the buffer separates the property from other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maint,ained. ! 'I 'I I, II (1) The wall shall be kept in good repair and appearance at all times. G. (2) Openings with gates may be allowed where deemed appropriate by the City Commission. Design Criteria All gasoline dispensing establishmem:s located on designated out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. Gasoline Dispensing Establishments shall conform to the- community design plan. I I I' H. Conditional Use Gasoline Dispensing Establishments are hereby designated as a conditional use as that term is defined in Section 11.2 of Appendix A of the Code of Ordinances. I. Distance Separation Requirements No Gasoline Dispensing Est,blishment shall be located within 200 lineal feet from a residential structure. Distances for the purpose of this subsection shall be measured from the boundary line of the parcel on which the Gasoline Dispensing Establishment is located to the closest boundary wall of the residential structure. Section 3. That all ordinances or parts of ordinances in 40 conflict herewith be and the same are hereby repealed. 41 Section 4. In the event any portion of this Ordinance is 42 deemed invalid, illegal or unconstitutional by any court of 43 44 45 46 47 48 49 50 lcompetent jurisdiction, such decision shall in no manner effect 'the remaining portions or sections of this Ordinance and shall remain in full force and effect. Section 5. Authority is hereby granted to codify said pordinance. Section 6. This ordinance ,I ,I II immediately upon adoption by second reading. :i FIRST READING this /8 day of ~RLlI/R,V , 1992. shall become effective !: CODING: Words in s~~~ek-~h~e~~h type are deletion from existing law; Words in underscore type are additions. I " Page 5 of 6 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 SECOND, FINAL READING and PASSAGE this Ii /Jiq"f't!H' , 1992. II II " 1/ !' I , , I i I I II i I I I ! ATTEST: I 'I Ir~-'~~->' ~ ! I: II 1 (CORPORATE SEAL) JAC:aw 2/13/9212/28/92 [A:BBords.servsta.doc] ,I 11 - " II I' I Ii '! i !I Ii I :j i' ,I " Ii :1 CODING: J day of CITY OF BOYNTON BEACH, FLORIDA Mayor ,,&~/dM Vice Mayor ' C;~ Words in s~~~ek-~h~e~~h type are deletion from existing law; Words in underscore type are additions. 'Page 6 of 6 / CITY of BOYNTOIQ .BEACH @ 100 E, Boynton Beach Blvd. P. O. Box 310 Boynton Beach, Florida 33435-0310 (407) 734.8111 OFFICE OF '!HE PI..ANNlN3 DIRECl'OR May 17, 1990 Kilday & Associates Attn: Kieran J. Kilday 1551 Forum Place, Suite 100A West Palm Beach, Fl 33401 RE: Shoppes of Woolbright PCD - Master Plan Modification File No. 410: ' Dear Mr. Kilday: Please be advised that on Tuesday, May 8, 1990, the Planning and Zoning Board approved the referenced master plan modification, which was ratified by the City Commission on Tuesday, May 15, 1990, as being consistent with the Stipulation and Settlement Agreement, dated January 24, 1990. This approval is also subject to staff comments, copies of which are attached. Please be advised that all plat documents, subdivision construction plans, and site plans which are submitted must comply with the approved master plan for the PCD. Very truly yours, C~ITY OF BOYNTON BEACH - /?~ TIMOTHY . CANNON Interim Planning Director JJG:frb Encs cc: City Manager Technical Review Board Central Files C:ShofWool ~/ " PLANNING DEPT. MEMORANDUM NO. 90-113 TO: Chairman and Members Planning and Zoning Board THRU: Timothy P. Cannon 1'0 Interim Planning Director FROM: James J. Golden Senior City Planner DATE: April 26, 1990 SUBJECT: Shoppes of Woolbright Planned Commercial Development Master Plan Modification - File No. 364 Kilday and Associates, agent for Tradewinds Development Corporation, is requesting a modification to the approved master plan for the Shoppes of Woolbright Planned Commercial Development (PCD), as outlined in the attached letter of submittal. These changes are being requested to comply with the conditions outlined in the Stipulation and Settlement Agreement approved on January 24, 1990. The procedure for approving master plan modifications in Planned Commercial Developments is outlined in Section 6.F.13 of Appendix A, Zoning, of the Code of Ordinances. Subsection "b" states that modifications to approved plans which result in an increase of less than ten (10) percent in measurable impacts may be approved by the Planning and Zoning Board; however, any changes in traffic generated, water consumed or sewage to be collected will require approval by the City commission. The Board's decision to recommend approval, approval with modifications or denial shall be predicated upon a finding of consistency with the comprehensive plan and a finding that any such increase will not result in a negative impact on infrastructure delivery systems or the surrounding area in general. It is the intent of this section that all additional impacts be mitigated. It should be noted that the proposed changes to the master plan do not create additional square footage or impacts over and above the 320,000 square feet of retail floor area which was approved by Ordinance 89-39, adopted on October 31, 1989. With respect to the modification requested by Kilday & Associates, the Technical Review Board met on Tuesday, May l, 1990 to review the plans and documents submitted, and they are recommending that this request be approved subject to the attached staff comments which accompany this memorandum as Exhibit "A". ~ l ftJL 61AMES . GOLDEN JJG:cp cc: Central File Kilday & Auociates landscape Architects! Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (407) 689-5522 · Fax: (407) 689-2592 April 5, 1990 Mr. Timothy P. Cannon Interim Planning Director City of Boynton Beach PO Box 310 Boynton Beach, FL 33425-0310 Re: Letter of Submittal Woolbright Place PCD Dear Mr. Cannon, This letter will serve as an application for a modification to the Master Site Development Plan for the commercial tracts of Woolbright Place. The modifications to the plan are to comply with the conditions outlined in the Stipulation and Settlement Agreement approved on January ,24, 1990. These modifications are as follows: 1. The total lot area of the commercial development is increased by 5.1 acres, but will not exceed 32.0 acres, exclusive of dedications. 2. Total gross leasable floor area shall be less than 320,000 sq. ft. 1. Retail/Commercial uses shall be permitted in all proposed facilities within the development. 4. An additional curb cut on SW 8th Street located between Woolbright Rd., and the primary shopping center entrance has been added into the outparcel site. This Master Development Site Plan reflects the approved layout of Home Depot, its garden center and a conceptual layout of the balance of the center, including three outparcels. The building setback lines are denoted as the "building envelope". Changes to the conceptual building configurations to conform to final building layout will be allowed without further approval within this "building envelope." Cannon Woolbright PCD April 5, 1990 Page 2 of 2 Please accept this application, which includes seven (7) copies of surveys, legal descriptions, and Master Site Development Plans. I understand that these revisions will be processed and approved expeditiously so as not to delay the required permitting for construction, per the Stipulation and Settlement Agreement. Please feel free to contact either myself or Lawrence Leeds at Perry, Shapiro and Miller, PA with any questions or concerns. m~W.I~ Collene W. Parker for Kieran J. 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