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Council approves Murphy's USA redevelopment at Forest Hill Boulevard after generator and buffering assurances

5488192 · May 20, 2025
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Summary

The Greenacres City Council approved a special exception and site plan allowing a Murphy's USA convenience store with fuel sales at 6270 Forest Hill Boulevard after debate over required separation, generator availability and residential buffering. Both measures passed 3-2.

The Greenacres City Council on May 19 approved a special exception and the site-and-development plan to redevelop 6270 Forest Hill Boulevard into a 2,824-square-foot Murphy's USA convenience store with 12 fueling positions, voting 3-2 on each measure.

The council's vote followed a quasi-judicial hearing in which staff and the applicant detailed site layout, landscaping, lighting and operating hours, and in which council members pressed the applicant about emergency power and neighborhood impacts. The council's decision was narrowly split, with Council Member Noble, Council Member Dugo and Mayor Shaw voting in favor; Council Members Tharpe and Diaz opposed.

Staff said the parcel, about 1.17 acres, would retain existing access points to Forest Hill Boulevard and the adjacent Walmart drive, include a required 8-foot buffer wall along the residential boundary, and exceed the city's landscaping requirements. The proposal reduced initially requested 24/7 hours to operate from 5 a.m. to 11 p.m. daily following public concern.

Johnny Galli, assistant director of the Development and Neighborhood Services (DNS), told the council the site plan complied with applicable findings in the staff report, that the city's traffic consultant and Palm Beach County had reviewed traffic impacts, and that photometrics and dark-sky-compliant lighting were designed to limit spillover into the adjacent neighborhood. Galli also noted the Planning & Zoning Board and the city's Development Review Committee recommended approval.

The applicant's civil engineer, Austin Hartman, presented renderings and described measures intended to improve compatibility, including an "architecturally enhanced" eastern buffer wall, double rows of canopy trees where feasible, enhanced foundation landscaping, sidewalks and bike racks, and a site layout intended to maintain clear sight lines and night-time illumination.

Council members focused much of the debate on two issues: the city code's 1,500-foot separation requirement between fueling stations (the site is roughly 750 feet from an existing station) and emergency fueling during hurricanes. Staff said the Planning & Zoning Board approved a variance (BA 23-08) to reduce the separation requirement, citing the limited availability of sites that front Forest Hill Boulevard.

On emergency power, staff and the applicant clarified that Florida statutory changes in February 2006 require stations developed after that date to have generator capability available before an emergency, but not necessarily a permanently installed generator. City staff said the municipality's code does not mandate permanently installed generators and that some jurisdictions (for example, Delray Beach) had local code requirements that go beyond state law.

During the hearing, the applicant's representative said no permanent generator was proposed on the initial site plan; portable or brought-in generators would be used when needed. Property owner Patrick Koenig addressed the council and said Murphy Oil would make the site "hookup ready" for a generator (electrical panel and connections prepared) and that the company maintains contractual generator service that would place a generator on-site within 24 hours in an emergency.

Council Member Noble moved to approve the special exception (resolution 2025-15) and site plan (resolution 2025-16); both motions were seconded by Council Member Dugo and carried 3-2 after a roll-call vote. The record also includes earlier public comment from O'Brien Willever (Dillman Farms), who read a written statement urging denial of resolution 2025-15 on the grounds of redundancy of gas stations, proximity to residences, and consistency with the Greenacres comprehensive plan.

Staff noted conditions of approval in the staff report, including the reduced operating hours, the buffer wall and landscaping, the master sign plan compliance, photometric limits to avoid glare, and the applicant's obligation to meet state statutory requirements for emergency generator availability. The council did not add a city code requirement for a permanently installed generator.

The council's vote on the special exception and site plan resolves two related land-use approvals required for the project to proceed; appeals and required permit steps remain part of the formal record.

For residents, the approvals mean construction may proceed under the approved plans and conditions; any appeals or subsequent permit reviews could modify timing or specific technical requirements.

Votes at a glance: Resolution 2025-15 (special exception: convenience store with fuel sales at 6270 Forest Hill Boulevard) ' Approved 3-2 (Yes: Noble, Dugo, Mayor Shaw. No: Tharpe, Diaz). Resolution 2025-16 (site and development plan/master sign plan for same project) ' Approved 3-2 (Yes: Noble, Dugo, Mayor Shaw. No: Tharpe, Diaz).

The council adjourned the items and moved on to other business after the votes.