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CORRESPONDENCE 10/05/00 15:37 FAX 561 562 9689 KHA rRG VERO @ 0011004 ~~~ . Suit, 400 601 ~1" S~ct vero Beuh, Florica 32960 . Stil 5627981 PHONE 561 562 9689 FAX FACSIMILE TRANSMITTAL To: D:ckHudson/ Michael-Rumpf -ZLt'J--c,'2~'i Fax No.: 561!~ Firm/Location: City of Boynton Beach Job No.: 047224002 Subject: BJ's Wholesale Club - Boynton Beach Text Cbanges to the Ordinance and Code From: Rocky Biby Date: October 5, 2000 Origi....lal coming by mail: Yes: ./ No: If you have any problems, please call 561iS62-7981 and ask for Kim Total number of pages, including cover sheet: 4 Comments: co: Mark Hebert Via Facsimile 5Q8/651-6228 Joel Kopelman 954/983-702/ 'j This f(M;$imile is lntem:kd Dilly for IIIe addressee named heTe:r: and may contain i1ljQrmation that is r:r;"l}idential.- If Ylm a,." not the i/ltcnded recipient or the employee Or ogtflt responsible fol" delivery to the addl"csscc., you are hereby IIolifwd that (lilY review, diifsemillr2tloll. disclcSW"C. or copyillg Df this CQmmunicatior. is ~trir:l/y prohibited. If you halM ret;a'iveti this far:simi/e ill error, please immediately notify U)' by lelephont. and return tile originai facsimile to us a: :he address above via the U.S, Poslal S':/"Vlce, nlQ1tk you. ' \\DC)GUERT\\iOLIIl'ROIE:T\MISCIKlWILllS\T1lMl'tA 11l:,WOP.D6o,fAX.DVC 10/05/00 15:38 FAX 561 562 {l689 KHA rRG VERO ~=~~ Kimley-Horl1 and Associates, Inc. . ':.' O~tober 5,2000 047224002 Via Facsimile 561/375-6')90 Mr. Michael Rumpf PlaIUling and Zoning Director City of Boynton Beach 100 E. Boynton Beach BO..devard Boynton Beach, FT~ 33435 , RE: BJ's Wholesale Club Fiie No.: NWSPOQ-O 15 Dear Michael: Following are the revisions to the text amendment that we discussed that you w<>uld consider tr.aking prior to the s(."Cor:.d reading. We ::ecommend taking out the reference to "o\VI1ed" and only reference "operated by" as this achieves the City's obJeclivc without being concened with who actual:y owns the buildings and land, A sentence was inadvcrtea:tly left out of paragraph 4.a,(4)(c). The paragraph referencing 200' separation n-Or.l resIdential is included twice and doesr.'t need to be. The last fom paragraphs that reference "tenan~" should be as originally worded in our applicfluOr. letter because this er.tire code is based on ancillary uses to a primalY occupant, Paragraph 40, the word "owned" and "owns" are' to be removed so the paragraph reads as follows: 4. As to all gasoline dispensing establishments that are an ancillary use located or operated in or from an ancUlary building or strQctare within a parcel or laDd of not less than ten (10) acres within a '~planned commercial district" governed by Section 6.F. of tbe City of Boynton Beach Zoning Code, and which gasoline dispensing establisbment is operated b}' the person(s) or entity(s) that operates the principal use located on such parcel of land; and (ii) do not meet all of the requirements set for the under Paragraph A of this Section 3, the following shall be applieable~ . TEL 561 562 7961 ~M 561 ~ ilIl89 19 002/004 . S,'!e40:l 601 21st Slr9ll, Vero 8ea:h, f'ori:la 1>29S0 10:05;00 15:38 FAX 561 562 9689 KH.... VRG VERO ~ 0031 004 ~=n Mr. Michael Rumpf. October S, 2000, Page Z KimlBy-Horn a~d Associates, I nt, The following sentence "Car washes shall be a permitted accessory use at gasoline dispensing establishments:' was left out of Paragraph 4.a.4.c. This paragraph should read as follows: (a) The entrance to a building wherein motor vebicles are washed by a mechanical means shall be located a minimum dhJtance of seventy-five (75) feet from the street lines to provide an off-street area of waiting vehicles. Car wasbes shall be II permitted accessory use at gasoline dispensing establishments. Car washes shall: 1. be fully automatic; 2. recycle all water used in tlae car washing process. Palagraph 4.<1. Setbacks 4. Other section e, IS repeated witbin t~e Code Revision under paragraph 4.c. Dcsign Criteria section e. Paragraph ~. c. Design Criteria shall be replaced by the follo~ing: (1) All gasoline dispensing establisbments located on the property. dcsi&nated out-parcels to shopping centers, business centers, Or other planned commercial denlopments shall conform in design to the approved design phlD ohbc principal center. Gasoline dispensing establisltmcuts shall conform to the community design IJIan. (Z) All gasoline disp'cnsing establishments shall not be permitted to advfrtise product pricing on the site sign identifying the primary tenant 0.. occupant. (3) An gasoline dispensing establishments shall not install exterior site Iightiu&, which. exceeds photometric levels of 60-foot candles average maintained. Please incorpo:-ate the above changes to the text amendment and related Ordinance of the City of Boynton ~each Section I1.L 10;05/00 15:38 FAX 561 562 Q689 KHA rRG VERO CJ=~ Kimley-Horn and Associates, Inc. rg 0041004 Mr, Micbx:l R.umpf. Oclobcr S. 200:-1, Page 3 Please feel free to contact me at 561/562-7981 with should you have any questions or comments concerning this matter, Sincerely, KlMLEY -HOR.. "l' AND ASSOCIA lES, INC. %~ oscoe L. Biby) P.E. Principal Attachment cc: Chris Ralph (G:\4722.ool\Wp\Con'clp\l.umplfj.dacjcd:' ~=n Kimley-Horn and Associates, Inc. REQUEST EXHIBIT "A" August 25,2000 Revised August 30. 2000 047224002 ~".;~-' ~ ,,~ Via Facsimile 561/375-6090 Mr. Michael Rumpf Planning and Zoning Director City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 RE: BJ's Wholesale Club Request for Text Amendment Dear Michael: This letter will serve as our request for a text amendment to Section L - Commercial Establishments Engaged in the Retail Sale of Gasoline or Gasoline Products, as stated in the City of Boynton Beach Zoning Code. I have been retained by BJ's Wholesale Club to assist them with the development of a store located on Boynton Beach Boulevard west of Congress Avenue, BJ's Wholesale Club consists of a 108,532-square foot store and a detached fueling facility consisting of a 72-square feet kiosk and t\velve (I2) fueling stations. The fueling facility provides BJ's Wholesale members the convenience of purchasing fuel at membership prices and is an essential part of their retail business, and such facility is available to non-members at higher fuel prices. Section L of the zoning code defines specific requirements for stand alone commercial establishments which engage in the sale of gasoline, primarily related to quantity, size, and location of said facilities at anyone major intersection. This section of the code \vould prohibit BJ's Wholesale from developing and conductmg an essentIal part of theIr business. We therefore request a text amendment that would provide some flexibility in the code to allow a retailer who also sells gasoline to develop a fueling facility within the larger commercial development. The proposed text amendment allows the City Commission to maintain approval rights through the conditional use entitlement process. We propose the following text amendment to Section L: Add Hvo definitions in Section [,2. . TEL 561 562 7981 FAX 561 562 9689 . Su.:e 4JO 601215: Street Vera Beac'l, Flc'ica 32%) ~=n Mr. Michac ,npf. August 25, 2000. Page 2 IIcli5cd August 30, 2000 Kimley-Horn and Associates, Inc. Ancillary Use. A use incidental to, subordinate to and subservient to the principal use of the premises. Ancillary Building or Structure. A building or structure incidental to, subordinate to and subservient to a principal building or structure located on the premises. 3. Development Standards. Add Paragraph A following ], Development Standards and a, location. A. Except for those gasoline dispensing establishments described in P3ragraph B of this Section 3. the follo,,,ing shall be applicable: No change to subparagraphs (a) through (i). (a) (b) (c) (d) (e) (f) (g) (h) (i) [ ~ -:--'1 B. As to all gasoline dispensing establishments that are an ancillary use located or operated ill or from an ancillary building or structun~ within a parcel or land of not less than ten (10) acres within a "planned commercial district" governed by Section 6.F. of the City of Boynton Beach Zoning Code, and which gasoline dispensing establishment is oy,.ned and operated by the person(s) or entity(s) that owns and operates the principal use located on such parcel of land; and (ii) do not meet all of the requirements setJ~fl!ie under Paragraph A of this Section 3, the following shall be applicable: a. Setbacks. Setback requirements shall apply to all structures on the portion of the property on which the gasoline dispensing establishment is located, including the primary structure for the gasoline dispensing establishment, or any accessory structures such as car washes or above-ground storage facilities. (1) Front - 35 feet. (2) Side - 20 feet. (3) Re~\r - 20 feet. (4) Other: ~=~ Mr. l\'lichae, npf. August 25, 2000, Page 3 Revised August 30, 2000 Kimley-Horn and Associates, Inc. (a) No canopy shall be located less than twenty (20) feet from any property line. (b) No gasoline pump island shall be located less than thirty (30) feet from any property 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 are:! of 'waiting vehicles. C~r washes shaH be a permitted accessory use at gasoline dispensing establishments. Car '"ashes shall: 1. be fully automatic; 2. recycle all water used in the car washing process. (d) No gasoline pump island or canopy shall be located less than 200 feet from any public right of way. b. Buffers. Except for permitted driveway openings, a five-foot wide landscaped buffer shall be located around that portion of the parcel on which the gasoline dispensing establishment is located. 'Vhen the buffer separates the portion of the property on which the gasoline dispensing establishment is located 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 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. \-Vhen the buffer separates the portion of thl: property on which the gasoline dispensing establishment is located from other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained. 1. the wall shall be kept in good repair and appearance at all times. 2. Openings with gates may be allowed where deemed appropriate by the City Commission. c, Design Criteria. ~=~ Mr. Michae. Ipf. August 25, 2000, Page 4 Revised August 30, 2000 Kimley-Horn and Associates, Inc, (1) All gasoline dispensing establishments located on the property, 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 establi"shments shall conform to the community design plan. (2) All gasoline dispensing establishments shall not be permitted to advertise product pricing on the site sign identifying the primary tenant or occupant. (3) All gasoline dispensing establishments shall not install exterior site lighting, which exceeds photometric levels of 60-foot candles average maintained. d. Conditional Use. Gasoline dispensing establishments are hereby designated as a conditional use as that term is defined in Section 11.2. e. Distance Separation Requirements. 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. Please review this request with your staff and the City attorney and advise of the adequacy of the proposed text amendment. If this meets your approval please substitute this request with the previously submitted test amendment request. Your continued cooperation regarding this project is greatly appreciated. Sincerely, ~RN AND ASSOCIATES. me. Roscoe L. Biby, P,E. Principal cc: Peter Hopley Via Facsimile 508/651-6228 Mark Hebert 508/651-6228 Joel Kopelman 954/983-7021 Joe Lelonek 561/478-5012 [G, ',4 7224002'. IV p' Corresp"Rumpf4.doc j k jh ~' ......JADWA Y CLASSIFICA TI~ .J , CN Ii I I a ~ as tJ IIDB IIJ C tJ 22 AVE K CN Ii! I ~ ij tJ BlVD SN c tJ BOYNTON SN Ii! itJ ~ ~ QI m ~ a lfOCLBRl6HT FI] CN CC ~ I i ill A. !l I I ~ ! ij LEGEND SP - STA TE PRlNt:.lPAl. N11E1UALS SN - STA TE N1MR ARTERIALS Of - CDLNTY /1IJ'htI1 ARTE1UALS cc - t:rJ/NTY ca.LECTrRS . - t:Jrr C'a..LECTtRS NOTE: I.AJIAR(E1} ROADIIA r.s NOT (W STA TE CUSSJ'FJCA T.trN .-,. EXHIBIT "B" I~ ~I 'I~ ~f ~~. I~~\ I I I ~ I . / IS / a / . ~. ~ / .J I , 'I ! If I. /"" I!~ 1/ /~ . J ~ .~ / /~ /~ I~ .~ I~ .. II I II ~ I J I I I / 00 N. T. S. May. 1989 SOURCE: Walter H. Keller Jr., Inc. BOYNTON BEACH COMPREHENSIVE PLAN FI6URE 18 - FUTURE FUNCTIONAL CLASSIFICATION (REVISED) Rev. 6/2/92 - Ord. 092-16 - f) 1 - MAL TEA H. KELLER &iI., INC. CDnsultil1.9 Engineers; P]i/IV1ers Cora] $"ings, Florida Galav Lusia From: Sent: To: Subject: Rumpf, Michael Tuesday, July 25, 20002:00 PM Galav Lusia Murphy's Oil Code Review Kimley Horne called regarding this application, Todd Young said "they may need to revise the application". When time permits, please contact him to discuss this. We need to set them straight about one agenUapplicant so we are not dealing with two parties, Whatever he recommends he actually needs to get with the applicant to revise it. We can't nor can Kimley Horne revise the application, Thanks. Phone number: 561-562-7981, 1 Galav Lusia From: Sent: To: Subject: Rumpf, Michael Tuesday, July 18, 2000 12:30 PM Galav Lusia Code review for gas stations I think we have a dilemma regarding this text amendment application (code review), that we told BJs was in the works implying that it would benefit them too. I have gotten a more clear picture of the current application submitted by Mr. Pressman (for Murphy's Oil WaIMart). It would amend the code to allow gas sales on a separate parcel that is leased from the owner of a larger adjacent tract. I believe this will get denied as submitted therefore providing no help to BJs, I would suggest that they submit their own text amendment application. Otherwise we would have to assume that staff could get the current application approved tailored to BJs needs, What do you think? I think staff could support the change to allow gas sales at uses requiring membership where the use does not occupy a corner in a traditional way, and is not even in clear sight of the right-of-way, Mike 1