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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. ..L~ -4--1' ! '11.=1, ~ 1-ll r :1 , L L j , I ]l . --I I' I ,tl d 'I, L~ .\ . I , -- -r ---I ,;' I I) . l C1 ~- ;) .. _0 <t I~ I~r- ~\ ~ C3 ...J" .' r ,,' L- -I r- LOCATION I L --= EXHIBIT "e" l I ~I - L-- , _, , t r. ~ ~ \, 'I i ~!PCD(f ~' [ 0:: ' r <{I a..J 0: I I . /,LJ ,I __' · . -.--::1 m~~-'- la. '--:-2 Jl ---,--, : II ~II . r ~C'-~- ' 2. .:. .. _n..__ .~A . ___._u. _ ----.-1'\:. I' ,_, - '-~ "J_' " -. ' , ,=-, - ! '~-, ~ .=--.71;1 ' --, i I I l! 1 J h ;_LL :-~d_.,I, L..J ; . ~ I -, "'-1 fr'~l TT 1 11 iD 1_' l ; L~:l U!; . - ~~_L,.Li , . ~ r-~T ~'~lrn il '~ ~ , : . ;,:"LL=t::!;~ -- , ~', .'\'-"-f! 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IIMCTCRCLAf./ ~~ l~ . / >~ /~\ //' 1- \', // i -~ \ "-- ~\\ (. \ ' , / \\ R',1AA l: ~ : , , d'C.,Al'VAL. ,- I ' ___L..l . i I L-.Ll.--- - ..J it': ~ 701'\, IRQR~C ! I 3 ,', , " ' ~'~~~'# - -- -.,-.... Q' \ '~': "0 Ie pee\,1 . , '-~ -------, , IF! ~ i _---1 1__ I I -. -! I i.J !l \ I I I~~ ~};I '. I -',.- . ....... - . ..J '\ ... I L' ....-!''\!-!_-T' -......-..".--"( ,. .. = -_..... t:".~ 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' ~n~ 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 32960 ~=~ 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.