18-010 1 ORDINANCE NO. 18- 0 t O
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
4 AMENDLNG LAND DEVELOPMENT REGULATIONS CHAPTER 3,
5 ZONING, ARTICLE IV, "USE REGULATIONS", SECTION 3.D. USE
6 MATRIX AND NOTES, TO INCREASE ELIGIBLE LOCATIONS FOR
7 GAS STATION SITING IN APPROPRIATE AREAS OF THE CITY;
8 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION
9 AND AN EFFECTIVE DATE.
10
11 WHEREAS, this is a continuation of an evaluation of the City's regulations on gas
12 stations that occurred in 2015 and resulted in amendments to the Land Development Regulations
13 that reduced the magnitude of non-confirming gas stations in the City which was 50%; and
14 WHEREAS, staff has continued the evaluation of the gas stations and in conjunction
15 with the consideration of applications for a new gas station and to accommodate additional
16 stations within the City with an emphasis on areas with high traffic counts nearest evacuation
17 routes, staff is proposing the amendments; and
18 WHEREAS, the City Commission has considered the recommendations and has
19 determined and finds that it is in the best interest of the citizens and residents of the City of
20 Boynton Beach, Florida to approve the amendments to the Land Development Regulations as
21 contained herein.
22 NOW THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
24 Section 1. The foregoing whereas clauses are true and correct and are now ratified and
25 confirmed by the City Commission.
26 Section 2. Chapter 3, Zoning, Article IV, Use Regulations, Section 3.D. Use Matrix
27 and Notes of the City's Land Development Regulations to increase eligible locations for gas
28 station siting in appropriate areas of the City is hereby amended as follows:
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Gas Stations- LDRAmendment - Ordinance.docx
29
30 Land Development Regulations, Chapter 3, Article IV, Section 3.D:
31
32 46. Gasoline Station.
33 a. All Districts.
34
35 (1) Location. Gasoline stations, except where otherwise allowed by these regulations,
36 are only allowed on properties located at three-way or four-way intersections involving arterial
37 and collector road of rights-of-way as designated by the Comprehensive Plan, excluding local
38 streets and alleys. Interchanges with I-95 are included as eligible intersections. Eligible
39 properties at an intersection with I-95 include the first parcel directly west or east of the toe
40 embankment of the I-95 interchange. This may also be defined as the first parcel with frontage
41 on and access from the arterial road that intersects with the I-95 right-of-way. A maximum of
42 two (2) gasoline stations shall be allowed at each intersection, except this limitation shall not
43 apply to eligible intersections as defined by this paragraph,that consist of an urban principal
44 arterial roadway. The purpose of this exception is to maximize service potential during times of
45 designated emergencies involving major storm events and power outages,partici Jatrly along or
46 near evacuation routes. A convenience store with retail gasoline sales is considered to be a
47 gasoline station and is therefore,restricted to these location requirements.
48
49 (2) Lot Size. Minimum lot size: thirty thousand(30,000) square feet.
50
51 (3) Frontage_.,. -
52 - . ,. - _ _ . . .. the public streets.
53
54 (43) Access.
55 (a) Only one(1) access driveway is allowed from each major street
56 frontage. Driveways shall be located a minimum of fifty(50) feet from the intersection unless
57 county or state standards require a greater distance;
58 (b) Driveways shall be a minimum of thirty(30) feet and a maximum of forty-five(45)
59 feet in width; and
60 !
61
62
63 ( 4) Setbacks.
64 (a) No canopy shall be located less than twenty(20) feet from any property line; and
65 (b) No gasoline pump island shall be located less than thirty(30) feet from any
66 property line.
67 (65) Storage. No outside storage of materials, parts, and no overnight storage of
68 vehicles outside.
69 (-76) Design. Pursuant to Chapter 4, Article Ill, Section 3.G.4., all gasoline stations
70 located on designated out-parcels to shopping centers,business centers,or other planned
71 commercial developments shall conform in design to the approved design plan of the principal
72 center.
73 (87) Landscaping. See landscaping standards in Chapter 4.
74 (9$) Lighting. See lighting standards in Chapter 4.
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Gas Stations- LDRAmendment - Ordinance.docx
75 (449) Except for where otherwise approved on a master sign program, gasoline stations
76 shall only be permitted to advertise on signage located within the property boundaries.
77 (111 0} Gasoline stations shall be permitted uses if located greater than 200 feet from a
78 boundary of a residential zoning district. Distances for the purpose of this subsection shall be
79 measured from the closest gasoline pump island or canopy of the gasoline station to the closest
80 boundary of the residential or mixed-use zoning district.
81 (121.0 A station existing prior to amendment of these regulations that is located on a lot
82 that does not conform to the property development regulations of the zoning district, as defined
83 in Section 11 of this chapter,may be enlarged, expanded,reconstructed or restored without
84 limitation based on percent of property value, as long as the magnitude of the non-conformity is
85 not worsened by the improvement.
86
87 b. C-2 District, C-3 District, and C-4 District.
88 (1) Use(s) Allowed: A convenience store; auto/car wash, automotive,minor repair; and
89 automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline
90 stations.
91 (2) Setbacks. Except for properties located within the Urban Commercial District
92 Overlay Zone,the following building setbacks shall apply to all structures on the property
93 including the primary structure, or any accessory structures such as car washes or aboveground
94 storage facilities.
95 (a) Building front(and side corner) - 35 feet;
96 (b) Building side - 20 feet;
97 (c) Building rear- 20 feet;
98 (d) Automated car wash. The entrance to an automatic car wash shall be setback no
99 less than seventy-five (75) feet from the street in order to provide for an area of vehicular
100 queuing(stacking). An accessory auto/car wash shall be fully automatic and recycle all water
101 used in the car washing process.
102 (3) Exceptions to requirement for location at intersections as stated above under section
103 a.(1).When a gas station is accessory to a principal retail use and when all requirements
104 applicable to the PCD District are satisfied.
105
106 c. PCD District.
107 (1) Use(s)Allowed: A convenience store; auto/car wash, automotive,minor repair; and
108 automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline
109 stations.
110 (2) Setbacks. The following building setbacks shall apply to all structures on the
111 property including the primary structure, or any accessory structures such as car washes or
112 above-ground storage facilities.
113 (a) Building front(and side corner) - 35 feet;
114 (b) Building side- 20 feet;
115 (c) Building rear- 20 feet;
116 (d) Automated car wash. The entrance to an automatic car wash shall be setback no
117 less than seventy-five(75) feet from the street in order to provide for an area of vehicular
118 queuing(stacking). An accessory auto/car wash shall be fully automatic and recycle all water
119 used in the car washing process.
120
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Gas Stations- LDR Amendment - Ordinance.docx
121 (3) Separation.No gasoline pump island shall be located less than two hundred (200)
122 feet from any public right-of-way.
123
124 (4) Exceptions to requirement for location at intersections as stated above under section
125 a.(1). Uses within the PCD District shall not be required to comply with the location standard
126 described above in subsection a.(1).
127 (5) Pre-existing uses. Gasoline stations that were in existence prior to the adoption of
128 these regulations shall not be deemed non-conforming to the corresponding site standards if
129 located in compliance with the location(intersection) standard stated above in section a.
130 (6) Relief from Standards. Waivers from the following standards may be granted in
131 accordance with Chapter 2, Article II by the City Commission for existing projects annexed
132 into the city, when the regulation cannot be fully complied with,but where the intent of the
133 LDR is met:
134 (a) Section 3.D.46.a.(5)(a)above;
135 (b) Section 3.D.46.a.(5)(b) above;
136 (c) Section 3.D.46.c.(3)(a) above; or
137 (d) Section 3.D.46.c.(3)(b) above.
138 The applicant shall provide justification of the waiver and submit a mitigation plan off-
139 setting the impact.
140
141 d. MU-L3 District and MU-H District.
142 (1) Use(s)Allowed. A convenience store is allowed as an accessory use to a gasoline
143 station.
144 (2) Setbacks.
145 (a) Building setbacks shall meet those required by the applicable zoning district.
146 (b) Canopy structure over the fuel pumps shall be located either to the side or rear of
147 its associated principal building.
148 e. PID District. This non-industrial use shall be allowed within the PID district provided it
149 is located on a lot with a Mixed Use(MU) land use option and at an intersection that would
150 satisfy the location requirements of this note.
151 (1) Use(s)Allowed. A convenience store; auto/car wash, automotive,minor repair; and
152 automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline
153 stations.
154 (2) Setbacks. Except for properties located within the Urban Commercial District
155 Overlay Zone,the following building setbacks shall apply to all structures on the property
156 including the primary structure, or any accessory structures such as car washes or above-ground
157 storage facilities.
158 (a) Building front(and side corner) - 35 feet;
159 (b) Building side- 20 feet;
160 (c) Building rear-20 feet;
161 (d) Automated car wash. The entrance to an automatic car wash shall be setback no
162 less than seventy-five(75) feet from the street in order to provide for an area of vehicular
163 queuing(stacking). An accessory auto/car wash shall be fully automatic and recycle all water
164 used in the car washing process.
165
166
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Gas Stations- LDR Amendment - Ordinance.docx
167 Section 3. Each and every other provision of the Land Development Regulations not
168 herein specifically amended, shall remain in full force and effect as originally adopted.
169 Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict
170 with any provisions of this ordinance are hereby repealed.
171 Section 5. Should any section or provision of this Ordinance or any portion thereof
172 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
173 remainder of this Ordinance.
174 Section 6. Authority is hereby given to codify this Ordinance. The City Clerk is
175 directed to work with the Land Development Regulations publisher to consolidate this ordinance
176 and the exhibit for publication.
177 Section 7. This Ordinance shall become effective immediately.
178 FIRST READING this /9 day of pct e__ , 2018.
179 SECOND, FINAL READING AND ASSAGE this 'r„( day of jeci. ,2018.
180
181 CITY OF BOYNTON BEACH, FLORIDA
182
183 YES NO
184
185 Mayor—Steven B. Grant
186
187 Vice Mayor—Christina L. Romelus
188
189 Commissioner—Mack McCray
190
191 Commissioner—Justin Katz _ A b
192 �-
193 Commissioner—Joe Casello
194
195 U
196 VOTE
197 ATTEST:
198
199 f
200 4 r �
_5_
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Gas Stations- LDR Amendment - Ordinance.docx
<.w1'w w\lwww
201 Judith A. Pyle, CMC
202 City Clerk
203
204
205 (Corporate Seal)
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GasStations- LDRAmendment - Ordinance.docx
EXHIBIT "A"
Land Development Regulations, Chapter 3, Article IV, Section 3.D:
46. Gasoline Station.
a. All Districts.
(1) Location. Gasoline stations, except where otherwise allowed by these regulations, are only
allowed on properties located at three-way or four-way intersections involving arterial and collector
road of rights-of-way as designated by the Comprehensive Plan, excluding local streets and alleys.
Interchanges with I-95 are included as eligible intersections. Eligible properties at an intersection
with I-95 include the first parcel directly west or east of the toe embankment of the 1-95 interchange.
This may also be defined as the first parcel with frontage on and access from the arterial road that
intersects with the I-95 right-of-way. A maximum of two (2) gasoline stations shall be allowed at
each intersection. except this limitation shall not apply to eligible intersections as defined by this
paragraph. that consist of an urban principal arterial roadway. The purpose ot'this exception is to
maximize service potential during times of designated emergencies involving major storm events and
power outages, particularly along or near evacuation routes. A convenience store with retail gasoline
sales is considered to be a gasoline station and is therefore, restricted to these location requirements.
(2) Lot Size. Minimum lot size: thirty thousand (30,000) square feet.
(43) Access.
(a) Only one (1) access driveway is allowed from each major street frontage. Driveways
shall be located a minimum of fifty (50) feet from the intersection unless county or state standards
require a greater distance;
(b) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five (45) feet
in width; and
(e) Dr-iveways shall not be leeated less than thii4Y (30) feet ftwom any ifiterief Pfopefty
(54) Setbacks.
(a) No canopy shall be located less than twenty (20) feet from any property line; and
(b) No gasoline pump island shall be located less than thirty (30) feet from any property line.
(5) Storage. No outside storage of materials, parts, and no overnight storage of vehicles
outside.
(76) Design. Pursuant to Chapter 4, Article III, Section 3.G.4., all gasoline stations 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.
(87) Landscaping. See landscaping standards in Chapter 4.
(9$) Lighting. See lighting standards in Chapter 4.
(4 -OL)) Except for where otherwise approved on a master sign program, gasoline stations shall
only be permitted to advertise on signage located within the property boundaries.
(4410) Gasoline stations shall be permitted uses if located greater than 200 feet from a
boundary of a residential zoning district. Distances for the purpose of this subsection shall be
LDR Amendments (CDRV 18-002)
Memo PZ No.18-033
measured from the closest gasoline pump island or canopy of the gasoline station to the closest
boundary of the residential or mixed-use zoning district.
(-1-211) A station existing prior to amendment of these regulations that is located on a lot that
does not conform to the property development regulations of the zoning district, as defined in Section
11 of this chapter, may be enlarged, expanded, reconstructed or restored without limitation based on
percent of property value, as long as the magnitude of the non-conformity is not worsened by the
improvement.
b. C-2 District, C-3 District, and C-4 District.
(1) Use(s)Allowed: A convenience store; auto/car wash, automotive, minor repair; and
automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline
stations.
(2) Setbacks. Except for properties located within the Urban Commercial District Overlay
Zone, the following building setbacks shall apply to all structures on the property including the
primary structure, or any accessory structures such as car washes or aboveground storage facilities.
(a) Building front(and side corner) - 35 feet;
(b) Building side - 20 feet;
(c) Building rear - 20 feet;
(d) Automated car wash. The entrance to an automatic car wash shall be setback no less
than seventy-five (75) feet from the street in order to provide for an area of vehicular queuing
(stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car
washing process.
(3) Exceptions to requirement for location at intersections as stated above under section a.(1).
When a gas station is accessory to a principal retail use and when all requirements applicable to the
PCD District are satisfied.
c. PCD District.
(1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and
automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline
stations.
(2) Setbacks. The following building setbacks 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.
(a) Building front(and side corner) - 35 feet;
(b) Building side - 20 feet;
(c) Building rear- 20 feet;
(d) Automated car wash. The entrance to an automatic car wash shall be setback no less
than seventy-five (75) feet from the street in order to provide for an area of vehicular queuing
(stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car
washing process.
(3) Separation.No gasoline pump island shall be located less than two hundred(200) feet from
any public right-of-way.
(4) Exceptions to requirement for location at intersections as stated above under section a.(1).
Uses within the PCD District shall not be required to comply with the location standard described
. above in subsection a.(1).
-2-
LDR Amendments (CDRV 18-002)
Memo PZ No.18-033
(5) Pre-existing uses. Gasoline stations that were in existence prior to the adoption of these
regulations shall not be deemed non-conforming to the corresponding site standards if located in
compliance with the location(intersection) standard stated above in section a.
(6) Relief from Standards. Waivers from the following standards may be granted in
accordance with Chapter 2, Article II by the City Commission for existing projects annexed into the
city, when the regulation cannot be fully complied with, but where the intent of the LDR is met:
(a) Section 3.D.46.a.(5)(a) above;
(b) Section 3.D.46.a.(5)(b) above;
(c) Section 3.D.46.c.(3)(a) above; or
(d) Section 3.D.46.c.(3)(b) above.
The applicant shall provide justification of the waiver and submit a mitigation plan off-setting the
impact.
d. MU-L3 District and MU-H District.
(1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline station.
(2) Setbacks.
(a) Building setbacks shall meet those required by the applicable zoning district.
(b) Canopy structure over the fuel pumps shall be located either to the side or rear of its
associated principal building.
e. PID District. This non-industrial use shall be allowed within the PID district provided it is
located on a lot with a Mixed Use (MU) land use option and at an intersection that would satisfy the
location requirements of this note.
(1) Use(s) Allowed. A convenience store; auto/car wash, automotive, minor repair; and
automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline
stations.
(2) Setbacks. Except for properties located within the Urban Commercial District Overlay
Zone, the following building setbacks 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.
(a) Building front(and side corner) - 35 feet;
(b) Building side -20 feet;
(c) Building rear- 20 feet;
(d) Automated car wash. The entrance to an automatic car wash shall be setback no less than
seventy-five (75) feet from the street in order to provide for an area of vehicular queuing (stacking).
An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing
process.
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City of Boynton Beach EXHIBIT "B"
Thoroughfare System
Functional Classification of Roads
H •oluxo -d Hypoluxo 'd Hypoluxo Rd
Q1I m
g) '' « v •x
Ic y CY b-
re ..- . , o co
N Oc _ L >
-1 U = 2_ 1 O
z
j . Miner Rd Miner Rd finer
1 3 r� i5co
d 70 m
r—..1 I...1 1 �J a E 1 v
/
1 ti"1 �,a� G ateway Blvd O
GI tewa..— d Gatew I Blv, GCO
ake
I
= O`
ti..-i m j c
m
1 Oca'
1 a Z
i m i
i v, g E .
Old Boyn on Rd 6 co
o j
m
1.-.r; L., • Beach vd co j
W Boyn •.
-—,-1 Boynton Be. h Blvd i Mt: Ave
Z
1 a- j
$-. 0 i ; cn
i 5� m s
N z
N r. ° d' I
°Dcp
co otO I
-i
cn
cn
Woolbrigh Rd 1 Q WOOlbright Rd u' Wo. .ri• IRd
—1 .. '�' j
.
I \tea I z
i— W 23rd Ave SW 23'• Ave m !.—. 0
os_ Golf Rd 1 `0 c) m
0 Co
.91
Lti 0) ••
1 Gj
.—..—..—..—..—..—..—i. Q ,e ,j a
or
1 +m Z •
o - a� v
CO
fd� U co
03
U
L co
I (o O
Legend 1 0.5 0 1 Miles
111111111 Urban Principal Arterial(U-PA)
Urban Minor Arterial(U-MA) /'
).
Urban Collector(U-COLL)
Map 2-1