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
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LEGEND
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cc - t:rJ/NTY ca.LECTrRS
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NOTE: I.AJIAR(E1} ROADIIA r.s NOT
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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