REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 00-000
TO: Chairman and Members
Planning and Development Board
THROUGH: Michael W. Rumpf
Director of Planning and Zoning
FROM: Dick Hudson, Senior Planner
DATE:
SUBJECT:
CODE REVIEW (CDRV 00-012)
Gasoline Establishments (BJs)
NATURE OF REQUEST
Roscoe L. Biby of Kimely-Horn & Associates, Inc. acting as agent for BJ's Wholesale Club is requesting that
automobile fueling facilities developed as ancillary uses in Planned Commercial Developments of ten (10)
acres or more be permitted to develop as conditional uses under separate development standards and
locational criteria than those currently applied to automotive service stations (see Exhibit "An - statement of
request).
BACKGROUND
The City's Land Development Regulations Chapter 2, Section 11.L establishes development standards for
commercial establishments engaged in the sale of gasoline or other motor fuels. Those standards include
locational criteria which require that all such facilities be located only at intersections of two streets having 4
(four) lanes each, and that those roadways must be classified in the Boynton Beach Comprehensive Plan as
either County Arterials, State Arterials, Local Collectors or County Collectors (see Exhibit B-- Functional
Classification of Roadways). Additionally, a maximum number of two (2) gas dispensing facilities shall be
located at anyone intersection and access driveways must be within one hundred ten (110) feet of the
intersection. Minimum lot size is thirty thousand (30,000) square feet.
ANALYSIS
While the requested actions would affect properties citywide, the request is of such a specialized nature that it
is difficult to separate from the specific location where it would apply. The site of the proposed BJ's Wholesale
Club is located south west of the "T" intersection of Boynton Beach Boulevard and Winchester Park Boulevard
and fronts on Boynton Beach Boulevard. The land is zoned Planned Commercial Development (PCD). The
service station, which is proposed as ancillary to the primary use, is to be located toward the center of the
property and will not be highly visible from Boynton Beach Boulevard. Boynton Beach Boulevard is classified
as a "State Minor Arterial" roadway in the Boynton Beach Comprehensive Plan. Winchester Park Boulevard is
classified "City Collector".
Staff surveyed the area in proximity to the location of the request. The nearest intersection meeting the present
criteria for the location of automobile service stations, the intersection of Boynton Beach Boulevard and
Congress Avenue, is within approximately 1,200 feet of the site. There are three automotive service stations at
that intersection; one is a traditional service station providing minor repairs as will as fuel sales, and two that
provide fuel sales only. At the intersection of Knuth Road and Boynton Beach Boulevard, 1,200 feet west of the
BJ's location, is another service station. Three additional service stations are found within 1-~ miles.
For comparison, staff surveyed local governments to obtain their respective regulations. None of the local
governments surveyed specifically recognize automotive service stations that are ancillary to a primary use, as
is the case in this instance. Two of the governments, Palm Beach County and the City of Boca Raton, have
intersection location requirements for automotive service stations similar to those in the Boynton Beach zoning
code. Four of the governments require minimum distances separating facilities. These vary from 300 feet up
Page 2
CDRV 00-010 and CDRV 00-012
to 1,500 feet between stations. The City of Palm Beach Gardens requires a minimum distance of 750 feet
between facilities. The distance may be reduced if the stations are located: (1) at the intersection of two major
state highways; (2) at intersections or junctions of 1-95; or (3) on opposite sides of a four-lane divided road
where medians create 2 one-way streets travelling in opposite directions.
Boca Raton:
Intersection location requirements and a list of the specific roadway
intersections where facilities are allowed to locate.
Lake Worth:
Locations limited to major roadway corridors, i.e. Dixie Highway & Lake
Worth Road
Greenacres:
Minimum distance (1,500 feet) separation requirements. Full-service fuel
stations limited to locations on two major thoroughfares.
Palm Beach County:
"Major Intersection" location requirements in addition to limit on the
number allowed at any intersection.
RECOMMENDATION
It is staff's opinion that the existing locational criteria serve to place independent gas dispensing facilities where
customer access is greatest. The criteria also serve to control the number of such facilities that could otherwise
locate in a great number of locations along the roadways shown on the map included as Exhibit C. Staff also
recognizes the special nature of a gas dispensing facility that is operated by, and is ancillary to, the principal
commercial use in a Planned Commercial Development. In such circumstances, the gas station is not the
major attractor, but is incidental to the primary use that is the attractor. As such, it serves to provide some
degree of internal capture of traffic that would otherwise add another trip to the roadway network.
It is the opinion of staff that in place of the intersection criteria that govern the location of independent gas
dispensing facilities, additional criteria can be added to the Codes to regulate the placement of ancillary gas
dispensing facilities in a manner that will provide sufficient controls over their locations and their ability to act as
an attractor. These controls would include placement of the facility distanced from public rights-of-way and
limits on the size and type of signage allowed.
Enclosures
\\CH\MAIN\SHRDATA\PLANNING\HUDSON\CODE REVIEWS CDRV\CDRV BJS,DOC
L. COMMERCIAL ESTABLISHMENTS ENGAGED IN THE RETAIL SALE OF
GASOLINE OR GASOLINE PRODUCTS.
1. Purpose. The purpose of these 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 gasoline or other motor fuels,
shall require conditional use approval.
2. Definitions. For the purpose ofthis ordinance, the following definitions shall
apply:
Ancillary Buildinf! or Structure. A building or structure incidental to,
subordinate to and subservient to the principal building or structure located on
the premises.
Ancillary Use. A use incidental to, subordinate to and subservient to the
principal use of the premises.
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 prepared foods, and gasoline and 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.
911
Grade separated intersections. Use of the term grade separated intersections
shall mean any intersection wherein one road passes over another road by
means of a bridge or an overpass.
3. Development standards which apply to all gasoline dispensing establishments
except those described under Subsection 4 attr-=-a &oetMllaL, below.
a. Location.
(1) All gasoline dispensing establishments not determined to be
ancillary uses as described in Subsection 4, below, shall be located
only at the intersection 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 (4) lanes or wider.
(3) The maximum number of gasoline dispensing establishments
located at any intersection shall be two (2). Gasoline dispensing
establishments shall only be located at diagonal comers of
permissible intersections.
b. Minimum plot size: thirty thousand (30,000) square feet.
c. Minimum street frontage: one hundred seventy-five (175) feet on each
frontage measured from the intersecting right-of-way lines of the public
streets.
d. Driveways
(1) No driveway shall be located less than one hundred ten (110) feet
from the intersecting right-of-way lines of public streets.
(2) Driveways shall be a minimum of thirty (30) feet and a maximum
of forty-five (45) feet in width.
(3) Driveways shall not be located less than thirty (30) feet from any
interior property line.
(4) Driveways will be limited to one (1) per street frontage.
e. Setbacks. Setback requirements shall apply to all structures on the
property including the primary structure, or any accessory structures
~11
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 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 mechanical means shall be 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 (1) tree ten (10) to fifteen
(15) feet in height with a minimum three-inch caliper every forty
(40) feet, a continuous hedge twenty-four (24) inches high,
twenty-four (24) inches on center at time of planting with
flowering groundcover.
(2) Interior property lines.
(a) A ten-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 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.
When the buffer separates the property from other
commercial property, the buffer shall not be required
~11
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.
g. Design criteria. All gasoline dispensing establishments 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.
h. Conditional use. Gasoline dispensing establishments are hereby
designated as a conditional use as that term is defined in Section
11.2.
1. 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 boundary line of the
parcel on which the gasoline dispensing establishment is located
to the closest boundary wall of the residential structure.
4. As to all gasoline dispensing establishments that are an ancillary
use located or operated in or from an ancillary building or structure
within a parcel or land of not less than ten nO) acres within a "Planned
Commercial District" (PCD) governed by Section 6.F. of the City of
Bovnton Beach Zoning Code, and which gasoline dispensing
establishment is owned and operated by the person( s) or entity( s) that
owns and operated the principal use located on such parcel of land; and
~) do not meet all of the requirements set forth under~ of
Uti. ~ -"il!l1bl, 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) Rear-20 feet.
(4) Other:
(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 area of
waiting vehicles. Car washes 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 two hundred (200) feet from any public
right of way.
(e) No gasoline dispensing establishment shall be
located within two hundred (200) feet from a
residential structure. Distances for the purpose of
this subsection shall be measured from the closest
gasoline pumv island or canopy of the gasoline
dispensing establishment to the closest boundary
wall of the residential structure.
b. Buffers. Except for permitted driveway openings. a five (5) foot wide
landscaped buffer shall be located around that portion of the parcel on
which the gasoline dispensing establishment is located. When 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 (6) foot high 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. When the buffer separates the portion of the 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.
(1) All gasoline dispensing establishments defined as ancillary to a
principal tenant of a planned commercial district shall conform in
design to the approved design plan of the principal tenant.
(2) No gasoline dispensing establishments defined as ancillary to a
principal tenant shall be permitted to advertise product pricing on
the site sign identifying the primary tenant or occupant.
(3) All gasoline dispensing establishments defined as ancillary to a
principal tenant of a planned commercial district shall not install
exterior site lighting which exceeds photometric levels of 60-foot
candles average maintained.
d. Conditional Use. Gasoline dispensing establishments defined as ancillary
to a principal tenant of a planned commercial district 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.
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8.C.2
GASOLINE ESTABLISHMENTS
(Planned Commercial Developments)
CODE REVIEW
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 00-274
THROUGH:
Chairman and Members
Planning and Development Board
. /'J(.!e
MIchael W. Rumpf
Director of Planning and Zoning
;trJL L.
Dick Hudson V'"'
Senior Planner
TO:
FROM:
DATE:
September 19, 2000
SUBJECT:
CODE REVIEW (CDRV 00-012)
Gasoline Establishments (Planned Commercial Developments)
NATURE OF REQUEST
Roscoe L. Biby of Kimely-Hom & Associates, Inc. acting as agent for BJ's Wholesale Club is requesting
an amendment to the City's Land Development Regulations to allow automobile fueling facilities
operated as ancillary uses in Planned Commercial Developments often (10) acres or more be permitted
to develop as conditional uses under separate development standards and locational criteria than those
currently applied to automotive service stations (see Exhibit "A" - statement of request).
BACKGROUND
The City's Land Development Regulations Chapter 2, Section 11.L establishes development standards
for commercial establishments engaged in the sale of gasoline or other motor fuels. Those standards
include locational criteria which require that all such facilities be located only at intersections of two
streets having 4 (four) lanes each, and that those roadways must be classified in the Boynton Beach
Comprehensive Plan as either County Arterials, State Arterials, Local Collectors or County Collectors
(see Exhibit Bn Functional Classification of Roadways). Additionally, a maximum number of two (2)
gas dispensing facilities shall be located at anyone intersection and access driveways must be within one
hundred ten (110) feet of the intersection. Minimum lot size is thirty thousand (30,000) square feet.
ANALYSIS
While the requested amendment would affect properties citywide, the request is of such a specialized
nature that it warrants using the planned location as a focus of the analysis. The site of the proposed BJ's
Wholesale Club is located southwest of the "T" intersection of Boynton Beach Boulevard and
Winchester Park Boulevard just west of the U.S. Post Office. The land is zoned Planned Commercial
Development (PCD). The service station, which is proposed as ancillary to the primary use, is to be
located toward the center of the property and will not be highly visible from Boynton Beach Boulevard.
Boynton Beach Boulevard is classified as a "State Minor Arterial" roadway in the Boynton Beach
Comprehensive Plan. Winchester Park Boulevard is classified "City Collector".
Staff surveyed the area in proximity to the location of the request. The nearest intersection meeting the
present criteria for the location of automobile service stations, the intersection of Boynton Beach
Boulevard and Congress Avenue, is within approximately 1,200 feet of the site. There are three
automotive service stations at that intersection; one is a traditional service station providing minor
repairs as well as fuel sales, and two that provide fuel sales only. At the intersection of Knuth Road and
Page 2of2
CDRV 00-012
Boynton Beach Boulevard, 1,200 feet west of the proposed location, IS another gas station. Three
additional service stations are found within l-Y2 miles.
For comparison, staff surveyed local governments to obtain their respective regulations. None of the
local governments surveyed specifically recognize automotive service stations that are ancillary to a
primary use. Two of the governments, Palm Beach County and the City of Boca Raton, have intersection
location requirements for automotive service stations similar to those in the Boynton Beach zoning code.
Four of the governments require minimum distances separating facilities that range from 300 feet up to
1,500 feet. The City of Palm Beach Gardens requires a minimum distance of 750 feet between facilities.
The distance may be reduced if the stations are located: (1) at the intersection of two major state
highways; (2) at intersections or junctions of 1-95; or (3) on opposite sides of a four-lane divided road
where medians create 2 one-way streets travelling in opposite directions.
Boca Raton:
Intersection location requirements and a list of the specific
roadway intersections where facilities are allowed to locate.
Lake Worth:
Locations limited to major roadway corridors, i.e. Dixie
Highway & Lake Worth Road
Greenacres:
Minimum distance (1,500 feet) separation requirements. Full-
service fuel stations limited to locations on two major
thoroughfares.
Palm Beach County:
"Major Intersection" location requirements in addition to limit
on the number allowed at any intersection.
RECOMMENDATION
It is staffs OpInIOn that the existing locational criteria serve to place independent gas dispensing
facilities where customer access is greatest. The criteria also serve to control the total number of such
uses, and the opportunity cost of such uses if left unregulated (the cost represented by the land not being
available for other desirable and less available uses). Staff also recognizes the special nature of a gas
dispensing facility that is operated by, and is ancillary to, the principal commercial use in a Planned
Commercial Development. In such circumstances, a gas station, would not be the major attractor, would
not further dominate land use preventing other less available uses from developing, and would allow
within the city a relatively new form of commercial establishment. As such, it serves to provide some
degree of internal capture of traffic that would otherwise add another trip to the roadway network.
Therefore, staff recommends that the subject request be approved, allowing the regulations to be
modified to allow gas sales ancillary to a principle use in a PCD, subject to minimum acreage and other
site standards as indicated in Exhibit "B" (proposed amendments shown underlined).
Enclosures
l:\SHRDA T A \PLA~Il'G\SHARED\ WPIPROJECTS"CODE REVIEWIGASOLDiE REGULA TIO~S\CDRV BIS,DOC
~=r'
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EXHIBIT
Kimley-Horn
and Associates, Inc.
, "
August 25,2000
Revised August 30, 2000
047224002
_/
~
'JI
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 \Vholesale Club to assist them with the development
of a store located on Boynton Beach Boulevard west of Congress Avenue. BJ's
\Vholesale Club consists of a 108,532-square foot store and a detached fueling
facility consisting of a 72-square feet kiosk and twelve (12) 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 would prohibit BJ's Wholesale from
developing and conductmg an essential part of their business.
We therefore request a text amendment that would provide some t1exibility in the
code to allow a retailer \vho 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 nvo definitions in Section L.2,
.
TEL 561 562 7981
FAX 561 562 9683
.
SJI!e 4QC
601 21 sl Slree;
Vera 5eacr. Fo' ca
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Mr. :-'1ichat ,llpf, August 25, 2000, Page 2
RCI'isr!d AlIgllsl 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 Afollmving], Development Standards and a. location,
A. Except for those gasoline dispensing establishments described in
Paragraph B of tl1is Section 3. the following shall be applicable:
No change to subparagraphs (a) through (i),
(a)
(b)
(c)
(d)
(e)
(0
(g)
(h)
(i)
~Tt
B. As to all gasoline dispensing establishments that are an ancillary
use located or operated in or from an ancillary building or
structure 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 owned 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
setJortli:e 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) Rear - 20 feet.
(4} Other:
~=n
1\:Ir. Michae. ,npf, August 25,2000, Page 3
Revised August 30, 2000
Kimley-Horn
and Associates, Inc,
(a) :\"0 canopy shall he 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'''t'~iting vehicles. C:u- 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.
(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 bufIer separates the portion of the
property on which the gasoline dispensing establishment is
located from a residentially zoned property, the butIer 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.
'When the buffer separates the portion ofiht: 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.
~=~
~\ilr. Michat npf. 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
establishments 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, INC.
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' Wp'.Corrcsp'.Rumpf4.doc ]kjh
EXHIBIT B
L. COMMERCIAL ESTABLISHMENTS ENGAGED IN THE RETAIL SALE
OF GASOLINE OR GASOLINE PRODUCTS.
1. Purpose. The purpose of these 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
gasoline or other motor fuels, shall require conditional use approval.
2. Definitions. For the purpose of this ordinance, the following
definitions shall apply:
Ancillary BuildinJ! or Structure. A building or structure incidental to,
subordinate to and subservient to the principal building or structure
located on the premises.
Ancillary Use. A use incidental to, subordinate to and subservient to
the principal use of the premises.
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 prepared foods, and gasoline and
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 means of a bridge or an overpass.
3. Development standards which apply to all gasoline dispensing
establishments except those described under Subsection 4 ofthis
Section L. below.
a. Location.
(1) All gasoline dispensing establishments not determined to
be ancillary uses as described in Subsection 4. below, shall
be located only at the intersection 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 (4) lanes or
wider.
(3) The maximum number of gasoline dispensing
establishments located at any intersection shall be two (2).
Gasoline dispensing establishments shall only be located at
diagonal comers of permissible intersections.
b. Minimum plot size: thirty thousand (30,000) square feet.
c. Minimum street frontage: one hundred seventy-five (175) feet on
each frontage measured from the intersecting right-of-way lines
of the public streets.
d. Driveways
(1) No driveway shall be located less than one hundred ten
(110) feet from the intersecting right-of-way lines of public
streets.
(2) Driveways shall be a minimum of thirty (30) feet and a
maximum of forty-five (45) feet in width.
(3) Driveways shall not be located less than thirty (30) feet
from any interior property line.
(4) Driveways will be limited to one (1) per street frontage.
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 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 mechanical means shall be 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 (1) tree ten
(10) to fifteen (15) feet in height with a minimum
three-inch caliper every forty (40) feet, a continuous hedge
twenty-four (24) inches high, twenty-four (24) inches on
center at time of planting with flowering groundcover.
(2) Interior property lines.
(a) A ten-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 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. 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 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.
g. Design criteria. All gasoline dispensing establishments located
on designated out-parcels to shopping centers, business centers,
or other planned commercial developments shall conform in
design to the approved design plan ofthe principal center.
Gasoline dispensing establishments shall conform to the
community design plan.
h. Conditional use. Gasoline dispensing establishments are hereby
designated as a conditional use as that term is defined in Section
11.2.
1. 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 boundary line of the
parcel on which the gasoline dispensing establishment is located
to the closest boundary wall of the residential structure.
4. As to all gasoline dispensing establishments that are an ancillary use
located or operated in or from an ancillary building or structure within
a parcel or land of not less than ten (10) acres within a "Planned
Commercial District" (PCD) governed by Section 6.F. of the City of
Boynton Beach Zoning Code, and which gasoline dispensing
establishment is owned and operated by the person( s) or entity( s) that
owns and operates the principal use located on such parcel of land: and
do not meet all of the requirements set forth under Subsection 3. above,
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) Rear-20 feet.
(4) Other:
(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 area of
waiting vehicles. Car washes 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 two hundred (200) feet from any public
right of way.
(e) No gasoline dispensing establishment shall be
located within two hundred (200) 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.
b. Buffers. Except for permitted driveway openings, a five (5) foot wide
landscaped buffer shall be located around that portion ofthe parcel on
which the gasoline dispensing establishment is located. When 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 (6) foot high 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 (0)
to fifteen (15) feet in height with three-inch caliper every forty (40) feet;
and groundcover. When the buffer separates the portion ofthe 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.
0) All gasoline dispensing establishments defined as ancillary to a
principal tenant of a planned commercial district, shall conform in
design to the approved design plan of the principal tenant.
(2) No gasoline dispensing establishments defined as ancillary to a
principal tenant shall be permitted to advertise product pricing on
the site sign identifying the primary tenant or occupant.
(3) All gasoline dispensing establishments defined as ancillary to a
principal tenant of a planned commercial district shall not install
exterior site lighting which exceeds photometric levels of 60- foot
candles average maintained.
d. Conditional Use. Gasoline dispensing establishments defined as ancillary
to a principal tenant of a planned commercial district 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 ofthis 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.
~s:- j:( oPs..,,4'.M!
q5~-q~7-~7M
~J'!' (lJ
? G
L. COMMERCIAL ESTABLISHMENTS ENGAGED IN THE RETAIL SALE
OF GASOLINE OR GASOLINE PRODUCTS.
1. Purpose. The purpose of these 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
gasoline or other motor fuels, shall require conditional use approval.
2. Definitions. For the purpose of this ordinance, the following
definitions shall apply:
Ancillary Building or Structure. A building or structure incidental to,
subordinate to and subservient to the principal building or structure
located on the premises.
Ancillary Use. A use incidental to, subordinate to and subservient to
the principal use of the premises.
Automotive service station. The use of a building or other structure, on
a lot or parcel ofland 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 prepared foods, and gasoline and
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 means of a bridge or an overpass.
3. Development standards which apply to all gasoline dispensing
establishments except those described under Subsection 4 of this
Section L. below.
a. Location.
(1) All gasoline dispensing establishments not determined to
be ancillary uses as described in Subsection 4, below, shall
be located only at the intersection 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 (4) lanes or
wider.
(3) The maximum number of gasoline dispensing
establishments located at any intersection shall be two (2).
Gasoline dispensing establishments shall only be located at
diagonal comers of permissible intersections.
b. Minimum plot size: thirty thousand (30,000) square feet.
c. Minimum street frontage: one hundred seventy-five (175) feet on
each frontage measured from the intersecting right-of-way lines
of the public streets.
d. Driveways
(1) No driveway shall be located less than one hundred ten
(110) feet from the intersecting right-of-way lines of public
streets.
(2) Driveways shall be a minimum of thirty (30) feet and a
maximum of forty- five (45) feet in width.
(3) Driveways shall not be located less than thirty (30) feet
from any interior property line.
(4) Driveways will be limited to one (1) per street frontage.
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 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 mechanical means shall be 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 (1) tree ten
(10) to fifteen (15) feet in height with a minimum
three-inch caliper every forty (40) feet, a continuous hedge
twenty-four (24) inches high, twenty-four (24) inches on
center at time of planting with flowering groundcover.
(2) Interior property lines.
(a) A ten-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 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. 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 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.
g. Design criteria. All gasoline dispensing establishments 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.
h. Conditional use. Gasoline dispensing establishments are hereby
designated as a conditional use as that term is defined in Section
11.2.
1. 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 boundary line ofthe
parcel on which the gasoline dispensing establishment is located
to the closest boundary wall of the residential structure.
4. As to all gasoline dispensing establishments that are an ancillary use
located or operated in or from an ancillary building or structure within
a parcel or land of not less than ten (10) acres within a "Planned
Commercial District" (PCD) governed by Section 6.F. of the City of
Bovnton Beach Zoning Code. and which gasoline dispensing
establishment is owned and operated by the person( s) or entity( s) that
owns and operates the principal use located on such parcel of land; and
do not meet all of the requirements set forth under Subsection 3. above.
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) Rear-20 feet.
(4) Other:
(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 area of
waiting vehicles. Car washes shall:
1. be fully automatic;
2. recycle all water used in the car washing
process.
Cd) No gasoline pump island or canopy shall be located
less than two hundred (200) feet from any public
right of way.
(e) No gasoline dispensing establishment shall be
located within two hundred (200) 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.
b. Buffers. Except for permitted driveway openings. a five (5) foot wide
landscaped buffer shall be located around that portion of the parcel on
which the gasoline dispensing establishment is located. When 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 (6) foot high 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 (0)
to fifteen (5) feet in height with three-inch caliper every forty (40) feet;
and groundcover. When the buffer separates the portion of the 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.
0) All gasoline dispensing establishments defined as ancillary to a
principal tenant of a planned commercial district. shall conform in
design to the approved design plan of the principal tenant.
(2) No gasoline dispensing establishments defined as ancillary to a
principal tenant shall be permitted to advertise product pricing on
the site sign identifying the primary tenant or occupant.
(3) All gasoline dispensing establishments defined as ancillary to a
principal tenant of a planned commercial district shall not install
exterior site lighting which exceeds photometric levels of 60-foot
candles average maintained.
d. Conditional Use. Gasoline dispensing establishments defined as ancillary
to a principal tenant of a planned commercial district 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 ofthe residential
structure.