APPLICATION
. "-
PROJECT NAME: BJ's Wholesale Club
LOCATION: SW corner of Boynton Beach and Winchester Park Road
COMPUTER ID: 64-0000-01
PERMIT #:
I FILE NO.: CDRV 00-012 II TYPE OF APPLICATION: Code Review I
AGENT/CONTACT PERSON: OWNER/APPLICANT: University of Florida
Roscoe L. Biby, P.E.I Kimley-Horn & Foundation, Inc., a Florida Corporation and
Associates, Inc. University of Florida Foundation, Inc. a
PHONE: 561-562-7981 Florida Corporation, as Trustee
FAX: 561-562-9689 PHONE: N/A
ADDRESS: 601 21st Street, Suite 400, Vero FAX: N/A
Beach, Florida 32960 ADDRESS: N/A
Date of submittal/Projected meetine dates:
SUBMITTAL 1 RESUBMITTAL 08/08/00
1 ST REVIEW COMMENTS DUE: N/A
PUBLIC NOTICE: N/A
TRC MEETING: N/A
PROJECTED RESUBMITTAL DATE: N/A
ACTUAL RESUBMITTAL DATE: N/A
2ND REVIEW COMMENTS DUE: N/A
LAND DEVELOPMENT SIGNS POSTED N/A
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 09/26/00
MEETING:
CITY COMMISSION MEETING: 10/03/00
COMMENTS: This is the Code Review file for BJ's Wholesale Club, which also has a Rezoning
and New site Plan file.
J:\SHRDA TA \Planning\SHARED\WP\PROJECTS\BJ's Wholesale Club (Code Revlew)\PROJECT TRACKING INFO. doc
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Kimley-Horn
and Associates, Inc,
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October 5, 2000
047224002
.
Suite 400
601 21 st Street
Vera Beach, Florida
32960
Via Facsimile 561/375-6090
11r.11ichaelltumpf
Planning and Zoning Director
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
RE: BJ's Wholesale Club
File No.: NWSPOO-015
Dear 11ichael:
Following are the revisions to the text amendment that we discussed that you
would consider making prior to the second reading. We recommend taking out
the reference to "owned" and only reference "operated by" as this achieves the
City's objective without being concerned with who actually owns the buildings
and land. A sentence was inadvertently left out of paragraph 4.a.(4)(c). The
paragraph referencing 200' separation from residential is included twice and
doesn't need to be. The last four paragraphs that reference "tenant" should be as
originally worded in our application letter because this entire code is based on
ancillary uses to a primary occupant.
Paragraph 4.0, the word "o\\ned" and "owns" are to be removed so the paragraph
reads as follows:
4. As to all gasoline dispensing establishments that are an ancillary
use located or operated in or from an 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 operated by the person(s) or entity(s)
that operates the principal use located on such parcel of land; and
(ii) do not meet all of the requirements set for the under
Paragraph A of this Section 3, the following shall be applicable:
.
TEL 561 562 7981
FAX 561 562 9689
~=~
Mr. l'vH~lIael Rumpf, October 5, 2000, Page 2
Kimley-Horn
and Associates, Inc,
The following sentence "Car washes shall be a permitted accessory use at
gasoline dispensing establishments." was left out of Paragraph 4.aA.c. This
paragraph should read as follows:
(a) 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 be a permitted accessory use
at gasoline dispensing establishments. Car washes shall:
1. be fully automatic;
2. recycle all ";',':1t~r c.~ed in tli~ car wa:ihlng proc<:ss.
Paragraph 4.a. Setbacks 4. Other section e. is repeated within the Code Revision
under paragraph 4.c. Design Criteria section e.
Paragraph 4. c. Design Criteria shall be replaced by the following:
(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 oIthe principal center. Gasoline dispensing
establishments shall conform to the community design
plan.
(2) All gasoline dispensing establishments shall not be
permitted to adv~rtise 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
6O-foot candles average maintained.
Please incorporate the above changes to the text amendment and related
Ordinance of the City of Boynton Beach Section 11.L.
Mr. ~l;~nael Rumpf, October 5, 2000, Page 3
~=~
Kimley-Horn
and Associates, Inc.
Please feel free to contact me at 561/562-7981 with should you have any
questions or comments concerning this matter.
Sincerely,
KIM LEY-HORN AND ASSOCIATES. INC.
/)(). l \ \ ctA~ '
~~\
Ac~oscoe L. Blby, P.E.
\) Principal
Attachment
cc: Chris Ralph
[G:\4 7224002\Wp\Corresp\Rumpfti.doc Icdr
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~~
Kimley-Horn
and Associates, Inc.
August 25,2000
Revised August 30, 2000
047224002
Via Facsimile 561/375-6090
~.~ichaelltumpf
Planning and Zoning Director
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
ltE: BJ's Wholesale Club
ltequest for Text Amendment
Dear ~ichael:
This letter will serve as our request for a text amendment to Section L -
Commercial Establishments Engaged in the ltetail Sale of Gasoline or Gasoline
Products, as stated in the City of Boynton Beach Zoning Code.
I have been retained by BJ's Wholesale Club to assist them with the development
of a store located on Boynton Beach Boulevard west of Congress Avenue. BJ's
Wholesale Club consists of a 108,532-square foot store and a detached fueling
facility consisting of a 72-square feet kiosk and 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 flexibility in the
code to allow a retailer who also sells gasoline to develop a fueling facility within
the larger commercial development. The proposed text amendment allows the
City Commission to maintain approval rights through the conditional use
entitlement process.
We propose the following text amendment to Section L:
Add two definitions in Section L.2.
.
TEL 561 562 7981
FAX 561 562 9689
.
Suite 400
601 21st Street
Vera Beach, Florida
32960
Mr. Mi,
'pf, August 25, 2000, Page 2
Revised August 3D, 2000
~=~
Kimley-Horn
and Associates, Inc,
Ancillary Use. A use incidental to, subordinate to and subservient to the
principal use of the premises.
Ancillary Building or Structure. A building or structure incidental to,
subordinate to and subservient to a principal building or structure located
on the premises.
3. Development Standards.
Add Paragraph A following 3. Development Standards and a. location.
A. Except for those gasoline dispensing establishments described in
Paragraph B of this Section 3. the following shall be applicable:
No change to subparagraphs (a) through (i).
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
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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
set~ 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
Mr. MIL _..:I ,pf, August 25, 2000, Page 3
Revised August 30, 2000
Kimley-Horn
and Associates, Inc.
(a) No canopy shall be located less than twenty (20)
feet from any property line.
(b) No gasoline pump island shall be located less than
thirty (30) feet from any property line.
( c) The entrance to a building wherein motor
vehicles are washed by a mechanical means shall
be located a minimum distance of seventy-five
(75) feet from the street lines to provide an off-
street are:l of waiting vehicles. C~H' 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. When the butTer separates the portion of the
property on which the gasoline dispensing establishment is
located from a residentially zoned property, the buffer shall
contain a six-foot concrete wall landscaped on the exterior
side by a continuous hedge no less than thirty-six (36) inches
high and planted twenty-four (24) inches on center at time of
planting; trees ten (10) to fifteen (15) feet in height with
three-inch caliper every forty (40) feet: and groundcover.
When the buffer separates the portion of tht: property on
which the gasoline dispensing establishment is located from
other commercial property, the buffer shall not be required
to contain a concrete wall. Landscaping shall be
continuously maintained.
1. the wall shall be kept in good repair and appearance at
all times.
2. Openings with gates may be allowed where deemed
appropriate by the City Commission.
c. Design Criteria.
~=~
Mr.MI. ,.:1
pf, 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
estabUshments 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
6O-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, INe.
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:\47 224002\ Wp\Corresp\Rumpf4.doc ]kjh
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Kimley-Horn
and Associates, Inc,
August 8, 2000
047224002
fDJm@~o\!!r~fn)
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PLANNING MJD
ZONING DEPT.
Mr. Michael Rumpf
Planning and Zoning Director
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
RE: BJ's Wholesale Club
Request for Text Amendment
Dear Michael:
This letter will serve as our request for a text amendment to Section L -
Commercial Establishments Engaged in the Retail Sale of Gasoline or Gasoline
Products, as stated in the City of Boynton Beach Zoning Code.
I have been retained by BJ's Wholesale Club to assist them with the development
ofa store located on Boynton Beach Boulevard west of Congress Avenue. BJ's
Wholesale Club consists of a 108,532-square foot store and a detached fueling
facility consisting of a 72-square feet kiosk and 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 conducting an essential part of their business.
We therefore request a text amendment that would provide some flexibility in the
code to allow a retailer who also sells gasoline to develop a fueling facility within
the larger commercial development. The proposed text amendment allows the
City Commission to maintain approval rights through the entitlement process.
We propose to add the following sentence at the end of paragraph 1 of Section L:
The City may waive any or all of the requirements of this section L when a
business engaging in the sale of gasoline is located within a larger
commercial development or Planned Commercial Development consisting of
an overall land area of twelve acres or greater.
.
TEL 561 562 7981
FAX 561 562 9689
.
Suite 400
601 21 sl Street
Vera Beach, Florida
32960
~=~
Mr. _cl Rumpf, August 8, 2000, Page 2
Kimley-Horn
and Associates, Inc.
Please review this request and advise of the adequacy of the proposed text
addition and/or your comments. Your continued cooperation regarding this
project is greatly appreciated.
Sincerely,
@):~ ~ :SSOCIATES,!Ne.
Roscoe L. Bib~
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\WpICorresplRumpfl.doc ]kjh