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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 ~=~ Kimley-Horn and Associates, Inc, ~--"'~n \l ~, .--.-____-- - ,"" \'\ ~ I (> ,,-~ ~ Cf! \? \\ \t.-L~, \\ \' \ L \':, -'_" \ \ . i'\ ,,~ -' . Ii r'-- I - \ _ - \" : ,,' \ 0 ". . , ': l \ 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 ~=~ ~~ 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) ,) /~,. r~' 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 ~=n , '\'''\ ' Jl D (2JJ - 'J J-',' --:/'- Kimley-Horn and Associates, Inc, August 8, 2000 047224002 fDJm@~o\!!r~fn) Jar ~ _8-C-~~, ---.. --.-J . 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