LEGAL APPROVAL
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I..f:GA'J APPRO" A'., DOcr.IMENTS
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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
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',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
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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
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welfare; and
WHEREAS, the City Commission has determined that it is in
the best interests of the citizens of Boynton Beach that
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ladd1t1onal and new development standards be adopted to regulate
lithe retail sale of gasoline within the juriSdictional limits of
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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
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'development standards set forth herein best establish a balance
,between the business interests of the community and the health,
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WHEREAS, the City Com~ission has determined that the
isafety, and welfare considerations to the general public; and
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:1 CITY OF BOYNTON BEACH, FLORIDA, THAT:
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
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U Section 1. The foregoing "WHEREAS" clauses are hereby
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: rat1 1ed and conf rmed as be1ng true and correct and are hereby
imade a specific part of this Ordinance.
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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
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II its entirety and in its place the fOllowing new Subsection L is
iadopted:
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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
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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
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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
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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.
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(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.
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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.
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Section 4.
In the event any portion of this Ordinance is
42 deemed invalid, illegal or unconstitutional by any court of
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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
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:i FIRST READING this /8 day of ~RLlI/R,V , 1992.
shall
become
effective
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CODING:
Words in s~~~ek-~h~e~~h type are deletion from
existing law;
Words in underscore type are additions.
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SECOND, FINAL READING and PASSAGE this
Ii /Jiq"f't!H' , 1992.
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! ATTEST:
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(CORPORATE SEAL)
JAC:aw
2/13/9212/28/92
[A:BBords.servsta.doc]
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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
~/
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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. Kilday
I acknowledge that this application has been received
by th~~f ~~ynt/n B~~ Planning D~partment on
(date) (I' ~
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