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CCPC Agenda 02/05/2015 COLLIER COUNTY PLANNING COMMISSION MEETING AGENDA FEBRUARY 5, 2015 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, FEBRUARY 5, 2015, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM,ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER,THIRD FLOOR, 3299 TAMIAMI TRAIL EAST,NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES 6. BCC REPORT-RECAPS 7. CHAIRMANS REPORT 8. CONSENT AGENDA ITEMS A. CU-PL20130002048: A Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow Conditional Use #3, Private Clubs, and Conditional Use #5, Commercial and Private Parking Lots and Parking Garages, within the community commercial tract of the planned unit development pursuant to Section 6.2.0 of Ordinance No. 95-33, the Briarwood Planned Unit Development, for property consisting of 15.97 acres located at the northeast corner of Livingston Road and Radio Road in Section 31, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: Mike Sawyer,Project Manager] 1 B. PUDZ-PL20130001241: An Ordinance of the Board of County Commissioners of Collier County,Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County,Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Agriculture(a)zoning district with a Mobile Home Overlay(A-MHO)to a Commercial Planned Unit Development (CPUD) zoning district to allow up to 162,000 square feet of commercial uses for a project to be known as SR29 CPUD on property located at the northwest quadrant of SR-29 and Westclox Street in Section 29, Township 46 South, Range 29 East, Collier County, Florida consisting of 24.5± acres; and by providing an effective date. [Companion to PL20130001345/CP-2013-8] [Coordinator: Kay Deselem,AICP, Principal Planner] 9. ADVERTISED PUBLIC HEARINGS NOTE: This item has been continued from the December 18, 2014, then again from the January 15, 2015 CCPC meeting: A. An ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter One — General Provisions, including section 1.08.02 Definitions; Chapter Five — Supplemental Standards, including section 5.05.05 Automobile Service Stations, more specifically, to address automobile service stations in proximity to residential property; Section Three, Conflict and Severability; Section Four, inclusion in the Collier County Land Development Code;and Section Five,Effective Date. [Coordinator: Caroline Cilek,AICP, LDC Manager] 10. OLD BUSINESS 11. NEW BUSINESS A. 2015 Update to the Floodplain Management Plan[Coordinator: Caroline Cilek,AICP,LDC Manager and Gary McAlpin,P.E,Manager-Coastal Zone Management] 12. PUBLIC COMMENT 13. ADJOURN CCPC Agenda/Ray Bellows/jmp 2 Ann P. Jennejohn From: FrantzJeremy <JeremyFrantz @colliergov.net> Sent: Friday, January 30, 2015 2:17 PM To: FrantzJeremy Subject: Land Development Code Amendment Update - 5.05.05 Automobile Service Stations Dear Community Members, Following the Collier County Planning Commission's direction on Thursday,January 15th, a LDC amendment regarding section 5.05.05 Automobile Service Stations will be reviewed for a second time by the Collier County Planning Commission on Thursday, February 5, 2015. The public is invited to attend the Planning Commission meeting and provide comments. The updated amendment draft and supporting documentation can be accessed on the LDC amendment webpage HERE. The Planning Commission meeting will begin at 9:00 am in the Board of County Commissioner's Meeting Room, located on the third Floor of the Administration Building at the Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida. The Planning Commission agenda can be found HERE. If you wish to stop receiving emails to this address please email me at jeremyfrantz@colliergov.net with the subject line: Remove from LDC Amendment Cycle email list. Please feel free to contact me if you have any questions or concerns. Sincerely, Jeremy Frantz Planner Land Development Code Section Collier County Growth Management Division 2800 N. Horseshoe Dr., Naples, FL 34104 (239) 252-2305 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 CO Ter County Growth Management Division January 29, 2015 Dear Planning Commission Members, The proposed amendment to LDC section 5.05.05 Automobile Service Stations includes a requirement that new residential property within 300 feet of a facility with more than 8 fuel pumps seek approval through a public hearing. At the CCPC's January 15, 2015 meeting the Planning Commissioners asked how many residential properties could potentially be required to utilize this new process. In response, Staff has prepared a map series which illustrates when commercial and residential zoning districts and residential may be affected by the proposed amendment. Please be aware that the location of each facility with fuel pumps on these maps is approximate and the measurement taken when an application is submitted may vary from these maps depending on the actual location of residential property lines, fuel pumps, or the underground storage tank vent riser opening.As a result,the requirements for the properties included in these maps may change at the time that an application is submitted. The map series includes four different areas of the county. These maps depict zoning districts, including residential PUDs,surrounding existing facilities with fuel pumps,and residential lots within 300 feet of existing facilities with fuel pumps. The following table is a breakdown of the number of residential within 300 feet of an existing facility with fuel pumps. Type of existing Number of lots within 300 Public hearing residential lot feet of existing facilities required? with fuel pumps Lots within a Residential Only if zoning is PUD 144 changed Existing residential lots, 989 (includes 34 vacant not within a PUD (e.g. No residential lots) RSF-1, Estates) The proposed amendment would require residential or other property(whether developed or undeveloped)to seek approval through a public hearing only when both of the following conditions apply: 1. The property is within 300 feet of a facility with more than 8 fuel pumps,and 2. The property is rezoned to a residential zoning district. Therefore, it is important to note that for any of these properties, development activity that takes place in accordance with the existing zoning,such as RSF-1 or Estates, would not require a public hearing. Approximately 60 existing facilities with fuel pumps are within 300 feet of existing residential property. The proposed amendment would require the facilities with more than 8 fuel pumps to seek approval through a public hearing only when proposing additional fuel pumps or relocations of the existing fuel pumps. Additionally,those facilities with fuel pumps with 8 or fewer fuel pumps and within 300 feet of 1 Caffrey County Growth Management Division existing residential property that propose to add fuel pumps will be required to seek approval through a public hearing only if more than 8 fuel pumps in total are sought. However, any facility with fuel pumps with more than 8 fuel pumps which were in existence as of the effective date of the proposed ordinance will not be required to hold a public hearing when proposing to modernize or replace those existing fuel pumps. **NOTE:An additional map series depicting commercial properties will be presented at the February 5th Planning Commission meeting. Please let me know if you have any questions. Sincerely, Caroline Cilek,AICP, Land Development Code Manager carolinecilek @colliergov.net 239-252-2485 2 Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 Out of Cycle LDC Amendment-continued LDC SECTION(S): 1.08.02 Definitions 5.05.05 Automobile Service Stations CHANGE: The proposed amendment to LDC section 5.05.05 Automobile Service Stations establishes that automobile service stations, hereafter referred to as facilities with fuel pumps, that are located within 300 feet of residential property shall be limited to 8 fuel pumps; however, a greater number of fuel pumps may be sought through a public hearing process. In addition, considerations to address public health, safety, and welfare are proposed to be addressed during the public hearing process to allow more than 8 fuel pumps within 300 feet of residential property. These considerations would be in addition to any criteria or findings of fact for the public hearing. To address changes and functions of automobile service stations, the proposed language also amends LDC section 1.08.02 Definitions. The existing term "Automobile Service Station" is changed to "Facility with Fuel Pumps" in order to represent a number of uses which include the sale of fuel for motor vehicles. A "Facility with Fuel Pumps" includes, but is not limited to: gas stations, convenience stores with fuel pumps, automobile service stations with fuel pumps, or a business that includes retail or whole sale of gasoline/diesel for automobiles as an accessory use. The definition includes bulk gasoline/diesel stations. In addition, the term "fuel pump" is introduced to provide clarity to the proposed provisions. REASON: On October 28, 2014 the Board of County Commissioners (Board) remanded the proposed amendment to the Planning Commission for a second review and directed their concerns be taken under advisement. During the meeting, the Board discussed several concerns and issues relating to the proposed amendment. Please see the BCC Meeting Minutes, Appendix 2-A, for further information regarding the Board's discussion. The following paraphrases several of their comments, including but not limited to: • Ensure that the required separation between gas stations and residential property is clear, including existing setbacks, walls, and buffers (Appendix 2-A,pgs. 8, 14-20). • To be as restrictive as possible regarding this type of development (Appendix 2-A, pgs. 8-9). • Ensure that property rights of all parties are protected(Appendix 2-A,pgs. 8-10). • Commercial properties have, by right, the ability to develop uses that are less desirable than a gas station(Appendix 2-A, pg. 10). • Examine compatibility and health concerns, in particular fuel vapors (Appendix 2-A, pgs. 18, 19, 20). 1 l:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Station LDCA\SECOND ROUND OF DRAFTS\5 05 05 Automobile Service Stations LDCA for 2-5-15 CCPC 1-29-15.docx 1/29/2015 11:30:18 AM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term • Require the maximum distance possible from residential zoning and address fuel vapors (Appendix 2-A, pgs. 14-21). o Board consensus was that this distance should be at least 300 feet from any gas station, regardless of the number of fuel pumps (Appendix 2-A, pgs. 19-21). The County Attorney noted it was unclear whether this standard could be accomplished(Appendix 2-A,pg. 19). o Motion by Board included addressing fuels vapors and a re-review by the Planning Commission(Appendix 2-A, pg. 19). Prior to submitting the amendment for re-review by the Planning Commission, additional research was conducted in order to establish a maximum distance between residential property and automobile service stations and a nexus for the separation. Based on this research, the distance requirements proposed in the original amendment have been maintained. The following are a snapshot of proposed changes incorporated into the amendment text: 1. Proposed a table of standards to improve formatting. 2. Proposed that the exception to allow more than 8 fuel pumps within 300 feet of residential use be expanded from a conditional use/PUD process to other public hearings procedures to consolidate processes. 3. To address vapor impacts, proposed language requiring the 300 feet measurement is from fuel pump or "underground storage tank vent riser opening", whichever is more restrictive. 4. Based on case law, proposed language requiring a public hearing if "new residential development" is within 300 feet of existing facility with more than 8 fuel pumps. 5. Proposed a new consideration under the public hearing evaluation to examine if the proposed use is within an Activity Center. The proposed amendment is designed to address the intensity, compatibility, and impact of facilities with 8 fuel pumps or more within 300 feet of residential property by regulating the location, number of fuel pumps, and approval process. As relayed in the Executive Summary to the Board on July 8i1' 2014, this issue is relevant because over time the conventional automobile service station has transformed both in intensity and in use. Traditionally, automobile service stations were comprised of a small service department with limited fueling stations, generally providing for four to eight cars to obtain gas at any one time. Today, common applications for facilities with fuel pumps, such as a gas station, consist of a convenience store and a greater number of fuel pumps. Recent applications for gas stations in Collier County have identified approximately 16—20 fuel pumps. Facilities with fuel pumps, such as gas stations, are recognized as having the potential to impact vehicular and pedestrian circulation, truck traffic, noise pollution, may have intense lighting schemes and often have extended operating hours. These site characteristics can impact the health, safety, and quality of life of nearby residents and other land uses. For these reasons,many communities require site design standards, such as landscaping, buffering, and architectural standards, to address these effects. LDC section 5.05.05 Automobile Service Stations requires site design standards to address these issues, but the section does not currently address the number of fuel pumps at a site or require additional design standards for facilities with a greater number of fuel pumps than historical development practices. 2 l:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Station LDCA\SECOND ROUND OF DRAFTS\5 05 05 Automobile Service Stations LDCA for 2-5-15 CCPC 1-29-15.docx 1/29/2015 11:30:18 AM Text underlined is new text to be added. Bold text indicates a defined term Additional considerations for the Planning Commission and Board of County Commissioners are discussed in Section F below. These changes are supported by several areas of research summarized in the amendment. Additional materials can be found below and in the attached appendices: A. Existing Collier County standards B. Historical patterns of gas stations C. Examples of gas station provisions around the state and country D. Consideration of Vapor Recovery Technology E. Compatibility with sensitive land uses F. Potential additional standards A. Existing Collier County standards Appendix A provides the existing standards for automobile service stations pursuant to LDC section 5.05.05. The following list highlights existing standards required for all gas stations: • Permitted Use: Automobile Service Stations are permitted in Commercial Zoning Districts C-2—C-5 as a permitted use. • Setbacks: Rear and side yards are 40-feet; front yard is 50-feet. • Buffer: A 20-foot wide landscape buffer with a 6-foot wall, fence, hedge, berm or combination thereof is required when adjacent to single family or multi-family development. Other types of required buffers are described in Appendix A. • Separation from Residential zones: Automobile service station sites shall be separated from adjacent residentially zoned or residentially developed properties by an architecturally designed 6-foot high masonry wall or fence utilizing materials similar in color, module, and texture to those utilized for the building. Landscaping shall be planted on the residential side of the fence or wall. • Lighting: All lighting facilities shall be directed away from adjoining properties. On-site luminaries ... shall not exceed a height of greater than 20-feet above finished grade. Lighting located underneath a canopy shall be of low level, indirect diffuse type designed to provide light only to the pump island areas located underneath said canopy. • Architecture: Automobile Service Stations must comply with the architecture and site design section of the LDC. • Other Allowable Uses: o Vehicle Storage - Vehicle storage is limited to 60 days and vehicle storage areas must be surrounded by an opaque fence that is at least 6 feet high. o Automobile detailing is allowed as an accessory use only. o Car Washes are allowed as an accessory use only. • Prohibited Sales and Uses: o Major mechanical work and body shops are prohibited. o Outside displays, tires and merchandise are prohibited. o Vehicle sales are prohibited. B. Historical patterns of gas stations. In order to compare and characterize historical trends in gas stations, data was collected from several state agencies. Appendix B — Table identifies 100 active retail gas stations and 5 active bulk stations in Collier County. This table identifies the address, number of fueling positions, 3 I:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Station LDCA\SECOND ROUND OF DRAFTS\5 05 05 Automobile Service Stations LDCA for 2-5-15 CCPC 1-29-15.docx 1/29/2015 11:30:18 AM Text underlined is new text to be added. Bold text indicates a defined term and the approximate date of construction of each gas station(for more information regarding the gas station identification methodology, see Appendix B — Methodology). This table is not exhaustive and does not include gas stations which have closed. However, an examination of this data illustrates the changing nature of gas stations in Collier County. This dataset indicates that at least 100 retail gas stations operate in Collier County and range between 2 and 24 fuel pumps. Since in 1944, gas stations have steadily increased the number of fueling positions. The trend of increasing fuel pumps can also be seen in Appendix B — Chart, which is reproduced below: Number of Fuel Pumps Installed at Collier County Facilities with Fuel Pumps by Year of Establishment(Retail only) 26 29 22 16 • a t a= 12 • T o t f I •_ _ ••.. •• • • LL e• Ie e R 4 s4 *el ka •a • s 4 • ♦ 1 i s • 2 ♦ • • • °axa:::eca .ee�exccxssseaao:as:aasasas::aaao:i}a}}}}sgas:sas}sasasc>:rs^••^�-^geY::sgggggg ___ gg gg RRR ARF�itR�R�RRRRR YEAR OF ESTABLISHMENT While data prior to 1970 indicates an average of 7 fuel pumps were developed, between 2005 and 2015 the average number of fuel pumps increases to 17. While Collier County gas stations have an average of 9 fuel pumps overall, in the last 25 years only 2 out of 38 gas stations have developed fewer than 8 fueling positions. The data and trends indicate that facilities with fuel pumps, such as gas stations, have transformed in intensity and now have more fueling stations. This dataset was also used to examine the spatial distribution of gas stations in Collier County. Appendix B—Map includes a map which displays the location and size of existing retail and bulk gas stations in Collier County as well as the location of sensitive land uses. C. Examples of gas station provisions around the state and country. Staff has performed an expanded review of gas station regulations in 14 communities in Florida (including Collier County) and 10 communities outside Florida. This review is summarized in Appendix C. This review was not an exhaustive search for all existing gas station regulations, but provides some examples of communities in Florida, and throughout the U.S., that have adopted distance and/or location standards for gas stations. There were several trends related to fuel pump locations, gas station sizes, and zoning district standards observed: • Proximity to residential property: 8 of the 24 communities reviewed have incorporated minimum separations of 100 feet or greater from residential properties or buildings; of these, two are located in Florida. The remaining communities require distances ranging from 0 to 50 feet. The largest required pump 4 f:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Station LDCA\SECOND ROUND OF DRAFTS\5 05 05 Automobile Service Stations LDCA for 2-5-15 CCPC 1-29-15.docx 1/29/2015 11:30:18 AM Text underlined is new text to be added. Bold text indicates a defined term distance in Florida is in the City of Boca Raton, where a minimum distance of 300 feet is required from any residential or public place. The largest required pump distance in any community reviewed is in Hamilton Township, New Jersey, where a minimum distance of 500 feet is required from residential properties and 1,000 feet from any public entrance to a church, school, library, hospital, charitable institution, or place of public assembly. Only Princeton, MN waived the distance requirement if the pumps were screened by a building. • Proximity to other land uses: All of the communities which require separations of 100 feet or greater include several other types of public places including: o Churches (or"Religious Buildings") o Auditoriums o Public Playgrounds (or"Playfields,"or"Outdoor Playgrounds") o Schools o Hospitals o Libraries o Charitable Institutions o Day Care Centers o Civic, Institutional, Recreational, or Entertainment Uses • Pump limits: 7 of the 24 communities reviewed have incorporated limits on the number of fueling stations allowed at gas stations; of these, five are located in Florida. In some cases, these pump limits are restrictions on the total number of fueling stations permitted, while in others, pump limits indicate when a conditional use hearing is required. In yet other communities, restrictions on the total number of fueling stations only apply to specified zoning districts. Pump limits varied in the communities reviewed from 4 to 8 pumps. • Zoning district standards: o Conditional use districts: 19 of the 24 communities reviewed require a conditional use process in at least one zoning district, or in order to exceed a specified number of pumps. 3 of the 24 communities allow gas stations to be permitted administratively when certain conditions are met in at least one zoning district. In Florida, only 2 of the communities reviewed, including Collier County, do not utilize a conditional use process in at least one zoning district. Neighborhood or Community Commercial zoning districts were the most frequent zoning districts requiring conditional uses for any gas station. Other common districts to require conditional use procedures include districts which provide for small scale or transitional commercial uses, retail, residential and office uses. o Prohibited use districts: 23 of the 24 communities reviewed prohibit gas stations in at least one commercial zoning district (all Florida communities reviewed). The City of Davis, California, the only community not to prohibit gas stations in any commercial zoning district, prohibits gas stations with the ability to serve more than 25 vehicles within 200 feet on the same side of the road as a school, public playground, church, hospital, public library, or institution for children. 12 of the 24 communities reviewed prohibit gas stations in more than one commercial zoning district. The most frequent zoning district prohibitions included Professional/Office districts and Neighborhood Commercial districts. 5 I:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Station LDCA\SECOND ROUND OF DRAFTS\5 05 05 Automobile Service Stations LDCA for 2-5-15 CCPC 1-29-15.docx 1/29/2015 11:30:18 AM Text underlined is new text to be added. Bold text indicates a defined term While existing standards in Collier County currently provide for some site design and locational criteria, the review of other communities demonstrates additional areas for consideration by the Planning Commission. D. Consideration of Vapor Recovery Technology Pursuant to the Board's direction to review health concerns related to gas stations, a review of existing technology available was conducted, including mechanisms to protect public health in areas surrounding gas stations. Once of these mechanisms is called Enhanced Vapor Recovery Technology and was developed to control escaping gasoline vapors and toxins released during the refueling process. For many years there were two general methods of vapor recovery: 1) Stage I vapor recovery technology which traps gasoline vapors which escape during the refueling of underground storage tanks by tanker trucks, and 2) Stage II vapor recovery technology which traps gasoline vapors which escape during individual vehicle refueling and was accomplished with a special fuel pump nozzle. In 1994, the U.S. Environmental Protection Agency required all new vehicles be equipped with Onboard Refueling Vapor Recovery (ORVR). The ORVR mechanism achieves a similar result as "Stage II" vapor recovery technology. It is installed in individual automobiles and traps gasoline vapors escaping during the vehicle refueling process in a carbon filter connected to the gas tank. ORVR was required by the EPA because it is less expensive than the original Stage II Vapor Recovery and because Stage II Vapor Recovery was never required in all areas of the Country. Manufacturers were allowed to phase-in ORVR technology between 1998 and 2006 and in 2012 the EPA estimated that over 71 percent of vehicles had ORVR technology installed (40 CFR pt. 51 —found in Appendix D). The Air Quality and Land Use Handbook: A Community Health Perspective, published by the California Environmental Protection Agency and California Air Resources Board in 2005 and the Gasoline Service Station Industrywide Risk Assessment Guidelines, a report released by the Toxics Committee of the California Air Pollution Control Officers Association in 1997 indicate that vapor recovery systems result in an approximately 90 percent reduction in benzene emissions compared to uncontrolled facilities (Air Quality and Land Use Handbook, pg. 31). Additionally, the U.S. EPA's Potential to Emit Guidance Memo provides emission reduction percentages for Volatile Organic Compounds related to several refueling and vapor recovery scenarios. In these scenarios,Vapor Recovery Technology is assumed to provide between 86 and 95 percent (Potential to Emit Guidance Memo, pgs. 9-10) reductions in emissions (except emissions from spillage). Despite these potential reductions, the Air Quality and Land Use Handbook still recommends a 300 foot separation between large gas stations and sensitive land uses (Air Quality and Land Use Handbook, pg. 32). It is also important to note that several emission sources are not covered by ORVR including spills by individuals, fueling of small engines, motorcycles, boats, landscaping equipment, or the fueling of vehicles over 14,000 lbs. E. Compatibility with sensitive land uses. Existing Collier County LDC provisions recognize the potential for gas stations of all sizes to impact vehicular and pedestrian circulation, increase truck traffic and noise pollution, and often 6 I:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Station LDCA\SECOND ROUND OF DRAFTS\5 05 05 Automobile Service Stations LDCA for 2-5-15 CCPC 1-29-15.docx 1/29/2015 11:30:18 AM Text underlined is new text to be added. Bold text indicates a defined term have intense lighting schemes and extended operating hours. These site characteristics can impact the health, safety, and quality of life of nearby residents and other land uses. Moreover, the historical research in section B above demonstrates that gas stations have dramatically increased in size over the past 70 years. To better understand these increased impacts associated with larger gas stations, and the steps communities can take to address these potential impacts, several studies were examined which address the unique nature of gas stations and their impact on nearby sensitive land uses. Neighborhood impacts New, larger gas stations often offer a range of products and services which are less common in smaller gas stations. In particular, this includes expanded convenience stores with a wide range of products and services, such as prepared foods and outdoor seating. This highlights the large gas station's change from providing goods which are incidental to the sale of gas, to the convenience store as a destination place. In addition, large gas stations can often accommodate a wider range of patrons. For example, large gas stations with 8 or more fuel pumps often have larger sites, taller canopies, and sell alternative fuels, providing a place for larger vehicles, such as semi-trailer trucks a place to refuel. Further, when ethanol-free gasoline is offered, landscaping and maintenance companies may make regular visits to refuel equipment. These site conditions and alternative fuels may increase the number of vehicle types that visit a facility and have a greater impact than a facility with 8 or fewer fuel pumps. Health effects Several studies have been performed over the last 20 years which have established the health effects of exposure to gasoline and the health risks associated with locating gas stations in proximity to residential and sensitive land uses. In 1995, the Agency for Toxic Substances Disease Registry's Toxicological Profile for Gasoline detailed the human health effects of exposure to gasoline. The study indicates that gasoline contains a mix of volatile substances and that humans may be exposed to gasoline by transmission through the air, water, or soil, but "exposure of the general population to gasoline occurs primarily...during automobile refueling" (pg. 117). The report indicates that "populations living in the vicinity of a service station are expected to have higher exposure to volatile gasoline related hydrocarbons than those far removed from these businesses" (pgs. 133-4). Additionally, the Toxicological Profile for Gasoline indicates that the young, elderly, and those with compromised immune systems are populations that are unusually susceptible to the health effects of exposure to gasoline (pg. 92). Excerpts of this report can be found in Appendix E—Page 2. The Gasoline Service Station Industrywide Risk Assessment Guidelines describes at least 6 types of toxic substances in gasoline (pg. 11) and 4 sources of gasoline emissions at service stations (pg. 8) including: • Loading — Loading emissions occur when a cargo tank truck unloads gasoline to the storage tanks at the gasoline station. • Breathing — Gasoline vapors are emitted from the storage tank vent pipe due to temperature and pressure changes within the storage tank vapor space. • Refueling — During the refueling process, gasoline vapors are emitted at the vehicle/nozzle interface. 7 I:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Station LDCA\SECOND ROUND OF DRAFTS\5 05 05 Automobile Service Stations LDCA for 2-5-15 CCPC 1-29-15.docx 1/29/2015 11:30:18 AM Text underlined is new text to be added. Text ctrikcthrough is current text to be deleted. Bold text indicates a defined term • Spillage—Spillage emissions occur from spills during vehicle fueling. The guidelines included a discussion of the ability of vapor recovery systems to mitigate these risks, however, nozzle tip emissions occurring after refueling, "whoosh" emissions, leakage emissions, loading spillage emissions, and several additional sources of emissions were also described as problems requiring future resolution. The models created for the Gasoline Service Station Industrywide Risk Assessment Guidelines also demonstrate the change in cancer risk based on gasoline throughput and distance from the service station. The chart below "Cancer Risk — 1,000,000 gal/yr thruput" (pg. E-6) demonstrates the ability of vapor recover systems to reduce gasoline emissions from underground tanks in urban settings at gas stations with 1 million gallons per year throughput: Cancer Risk - 1 ,000,000 gal/yr thruput ISCST3 WITH SCREENS MET DATA CS c30 H o _ X25 — 2 '620 i15 _ c fX10 — U0 I 30 l i '� _ ._ c 20 40 50 60 70 80 90 100 L Distance from Station Center (meters) --El— 4-no controls — 5A-Phase I 5B-Phase I with vent vales 6A-Phase l&ll w/o vent values 6B-Phase I&II w/vent valves While cancer risk decreases with distance and as vapor recovery technology is utilized, in no scenario is cancer risk reduced to zero, however, when using Stage I and Stage II vapor recovery technology and at a distance of 300 feet (91.4 meters), cancer risk is reduced significantly. No recommendations regarding the siting of gas stations near residential property were included in these guidelines. Excerpts of these guidelines can be found in Appendix E — Page 7. In 1998, the U.S. EPA released a Potential to Emit Guidance Memo, and technical support documents, related to enforceable limitations on emission sources for several sources including Gasoline Service Stations and Bulk Plants. In the technical support document the EPA uses a model to estimate the amount of gasoline that a gas station could dispense each month. This 8 I:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Station LDCA\SECOND ROUND OF DRAFTS\5 05 05 Automobile Service Stations LDCA for 2-5-15 CCPC 1-29-15.docx 1/29/2015 11:30:18 AM Text underlined is new text to be added. Bold text indicates a defined term model assumes that each fueling position (fuel pump) has the ability to dispense 43,200 gallons per month (pg. 7). This means that gas stations with as few as 8 pumps have the ability to dispense over 4 million gallons per year. An excerpt of this document can be found in Appendix E—Page 11. In 2014, the Journal Regulatory Toxicology and Pharmacology indicated that several new technologies have had the effect of significantly decreasing health risks and exposure to gasoline stating that, "post-1994 fuel and vehicle regulations have continued to decrease exposure to gasoline vapor and exhaust emissions (e.g. reduced vapor pressure, sulfur, and benzene in the fuel; on-board refueling vapor canisters in cars; strict specifications on portable gas cans; more stringent tailpipe emission standards, etc.)" (pg. S2). A copy of this editorial can be found in Appendix E—Page 21. Traffic impacts In addition to impacts from gasoline emissions, traffic generation may also introduce compatibility considerations. As the number of fuel pumps increases, traffic generation also increases. Transportation Impact Studies estimate daily and peak hour trips for proposed land uses using trip generation rates developed by the Institute of Traffic Engineers (ITE). The table below demonstrates the number of trips during the AM peak hour, PM peak hour, and the number of daily trips based on a gas station's number of fuel pumps. According to this table, a gas station with 24 fueling positions is estimated to generate three times as many daily trips as a gas station with 8 fueling positions. Based on RE Land Use Code 945,Trip Generation,9th Edition. Description:Gasoline/Service Station with Convenience Market;based on Fueling Positions Number of Positions: 6 positions(3 pumps) 8 positions(4 pumps) 16 positions(8 pumps) 24 positions(12 pumps) AM Peak Hour' Average Rate:13.51/position 81 108 216 324 Total trips @ Driveway(s) Pass-by reduction of 50%: 41 54 108 162 New trips impacting the roads PM Peak Hour" Average Rate:10.16/position 61 81 163 244 Total trips @ Driveway(s) Pass-by reduction of 50%: 30 41 81 122 New trips impacting the roads Dai aaa Average Rate:162.78/position 977 1302 2604 3907 Total trips @ Driveway(s) Pass-by reduction of 50%: 488 651 1302_ 1953 New trips impacting the roads *-AM Peak means the highest one hour between lam-gam as-PM Peak means the highest one hour between 4pm-6pm ***-Daily means the 24 Hour period beginning at 12:00am Using these trip generation estimates, the average gas station prior to the 197O's would have generated approximately 1,139 new trips per day, while the average gas stations over the past ten years has increased to approximately 2,767 new trips per day. Because the average number of fuel pumps per gas station has increased, the number of new trips to gas stations has more than doubled since 1970. Siting guidelines The Air Quality and Land Use Handbook focused specifically on air quality issues affecting a variety of sensitive land uses and individuals which are defined as follows: • Sensitive Land Uses: Land uses where sensitive individuals are most likely to spend time, including schools and schoolyards, parks and playgrounds, day care centers, nursing homes, hospitals, and residential communities. 9 l:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Station LDCA\SECOND ROUND OF DRAFTS\5 05 05 Automobile Service Stations LDCA for 2-5-15 CCPC 1-29-15.docx 1/29/2015 11:30:18 AM Text underlined is new text to be added. Bold text indicates a defined term • Sensitive Individuals: Refers to those segments of the population most susceptible to poor air quality (i.e. children, the elderly, and those with pre-existing serious health problems affected by air quality(pg. G-4). Notably, the study indicates that motor vehicles are associated with over 90 percent of all benzene emissions in California (pg. 30). This study contains a detailed description of the air pollution potential associated with large gas stations (stations selling greater than 3.6 million gallons per year). The chart below (pg. 31) demonstrates the cancer risk associated with gas stations with 3.6 million gallons per year throughput: Gasoline Dispensing Facility Health Risk for 3,600,000 gal/yr throughput E 15.0 - 0 'E 10.0 0- 5.0 N 0.0 0 100 200 300 400 500 Distance From Fenceline (feet) Similar to the findings in the Gasoline Service Station Industrywide Risk Assessment Guidelines, cancer risk is never reduced to zero in the Air Quality and Land Use Handbook's model, but as the distance separating gas stations from other uses increases, the risk is significantly decreased. As a result of the study's benzene emissions and distance related findings, the study recommended that "sensitive land uses" avoid locating within 300 feet from large gas stations and 50 feet from all other gas stations (pg. 32). An excerpt of this study and the specific recommendations can be found in Appendix E—Page 23. In 2011, the U.S. Environmental Protection Agency (EPA) published School Siting Guidelines which established model guidelines for siting pre-k-12 schools,technical and vocational schools, and Colleges and Universities. This report addresses potential environmental hazards, mitigation, site design and other site review criteria that should be considered when evaluating existing or potential school sites. The report also makes facility siting recommendations based on a number of potential sources of environmental hazards. According to this report, gas stations and other fuel dispensing facilities are associated with the following potential hazards: • Air pollution • Soil contamination • Groundwater contamination • Vapor intrusion into structures • Heavy vehicular traffic Based on these potential hazards, the U.S. EPA recommends that schools perform site- specific evaluations of any potential school site within approximately 1,000 feet from large 10 l:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Station LDCA\SECOND ROUND OF DRAFTS\5 05 05 Automobile Service Stations LDCA for 2-5-15 CCPC 1-29-15.docx 1/29/2015 11:30:18 AM Text underlined is new text to be added. Bold text indicates a defined term gas stations (pg. 59). An excerpt of this study and the specific recommendation can be found in Appendix E—Page 29. Case Law As other communities have adopted similar distance requirements, some have been legally challenged. In at least two cases, courts have called into question ordinances which prohibit gas stations near sensitive land uses, such as churches, playgrounds, elementary schools or hospitals, without an inverse prohibition on those sensitive land uses near gas stations (City of Miami v. Woolin, 387 F.2d 893 (5th Cir.1968); Saar v. Town of Davie, 308 F.Supp. 207 (S.D.Fla. 1969); These opinions can be found in Appendix E — Page 31). For this reason, a prohibition on locating new residential property within 300 feet of a facility with more than 8 fuel pumps has also been included in the proposed amendment. However, residential property may locate within 300 feet of an existing gas station if approved through a public hearing. Examples of existing gas stations with buffers of 300 feet and 1,000 feet surrounding several existing gas stations have been provided in Appendix E— Maps 1-4. Please note that Maps 1-4 depict example buffers surrounding a single point for the ease of identification but the proposed amendment would instead measure these distances from the precise location of the fuel pumps or underground storage tank vent riser opening, whichever is more restrictive. F.Additional Standards to Consider Based on the research summarized above, the following are several considerations that have not been incorporated into the proposed amendment but may be added to provide further protection from the effects of facilities with more than 8 fuel pumps: 1. Measure 300 foot distance from the lot line (property line) of the residential property to the property line of gas station rather than from the fuel pump or underground storage tank vent riser opening. The Handbook recommends a 300 foot distance from the property line of a gas station. If the measurement is from property line to property line, the setback from the fuel pumps would be a minimum of 350 feet (front) or 340 feet(rear/side). As written in the proposed text, the setback to the facility with fuel pumps would be 250 feet (front) or 260 feet (rear/side.) Measuring from property line to property line would closely align with the Handbook's recommendation. 2. Amend setback for all gas stations. According to the California EPA's Air Quality and Land Use Handbook, which was_utilized to establish the 300 foot requirement for gas stations with 3.6 million gallons per year throughput, it also recommends a 50 foot setback for all other gas stations. Currently, Collier County requires a 50 foot front yard setback and 40 foot side and rear yard setbacks. 3. Change gas stations to a conditional use in the C-2 zoning district. The Land Development Code describes the Commercial Convenience (C-2) Zoning District as areas for the provision of small-scale shopping and personal needs of the surrounding residential land uses. In the other communities reviewed by staff, it was common to prohibit gas stations in these types of districts (Neighborhood Commercial) or to make them conditional uses (even in communities with very large separation requirements). Collier County currently allows gas stations in C-2 zoning districts as a permitted use, but it could make all gas stations conditional uses in C-2 zoning districts in recognition of the 11 l:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Station LDCA\SECOND ROUND OF DRAFTS\5 05 05 Automobile Service Stations LDCA for 2-5-15 CCPC 1-29-15.docx 1/29/2015 11:30:18 AM Text underlined is new text to be added. Bold text indicates a defined term potential impacts of very large gas stations. It should be noted that gas stations are currently not permitted in C-1 zoning districts. FISCAL & OPERATIONAL IMPACTS: At this time, there are no anticipated fiscal and operational impacts to Collier County Government. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated impacts to the GMP. CCPC RECOMMENDATIONS: At the January 15, 2015 meeting, the CCPC discussed the definition of a "fuel pump," and of"new residential property," and suggested changes to these definitions. The CCPC also requested an additional presentation to discuss an analysis of the number of residential parcels and zoning districts that would be affected the proposed amendment. DSAC RECOMMENDATIONS: A previous version of this amendment was reviewed by this advisory board on October 1, 2014. Please see prior amendment draft for DSAC's recommendations. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, AICP, LDC Manager: 8/26/14, 9/5/14, 9/19/14, 10/1/14, 1/27/15 Amend the LDC as follows: 1 2 1.08.02 Definitions 3 4 :Facility with fuel pumps:means any establishment that sells, 5 distributes, or pumps fuels for motor vehicles whether or not such facility provides automotive 6 repair services or includes a convenience store. See fuel pump definition.ARy-Gammercial-er 9 - -• -- •- = ---- = - - = - - - - .•..e:- = •- •1 0 . - -- - •- - - =- - = -= - - = - - • - - -- - --• - - - -•11 12 Fuel pump: Also known as a `fueling position," means a vehicle fuel dispensing device, other 13 than a portable fuel container orfuel dispensing vehicle,which can be self-service or full- 14 service. A single fuel pump is a fuel pump that can serve only one vehicle at-a-time. Vehicle fuel 15 dispensing devices that can service more than one vehicle at-a-time consist of multiple fuel 16 pumps. The number of pumps is determined by the maximum number of vehicles that can be 17 serviced at the same time. For example, a fuel dispensing device that can fuel two vehicles at 18 once is considered two fuel pumps, and two fuel dispensing devices that can fuel four vehicles 19 at once is considered four fuel pumps, and so on. 20 # # # # # # # # # # # # # 21 22 5.05.05 Facilities with Fuel Pumps 23 A. The purpose of this section is to ensure that facilities with 24 fuel pumps do not adversely impact adjacent land uses, especially residential land 25 uses. The high levels of traffic, glare, and intensity of use associated with service 12 l:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Station LDCA\SECOND ROUND OF DRAFTS\5 05 05 Automobile Service Stations LDCA fort-5-15 CCPC 1-29-15.docx 1/29/2015 11:30:18 AM Text underlined is new text to be added. Bold text indicates a defined term 1 etationsfacilities with fuel pumps, particularly those open 24 hours, may be 2 incompatible with surrounding uses, especially residential uses. Therefore, in the interest 3 of protecting the health, safety, and general welfare of the public, the following 4 regulations shall apply to the location, layout, drainage, operation, landscaping, parking, 5 and permitted sales and service activities of facilities with 6 fuel pumps. 7 B. Site design requirements. 8 1. Table of site design requirements: Site Standards Minimum lot area (sq. ft.) 30,000 Minimum lot width (ft.) 150 Minimum lot depth (ft.) 180 Separation from adjacent - - :••::" - - ..- . • facilities with fuel pumps (ft.) 500 (based on distance between nearest points) Minimum setbacks, all structures: Front yard 50 Side yard 40 Rear yard ( 40 See LDC Section 5.05.05 C for proximity to residential and fuel pump standards. 9 2. Waiver of separation requirements. 10 a. The BZA may, by resolution, grant a waiver of part or all of the minimum 11 separation requirements set forth herein if it is demonstrated by the 12 applicant and determined by the BZA that the site proposed for 13 development of an facility with fuel pumps 14 is separated from another facility with fuel 15 pumps by natural or man-made boundaries, structures, or other 16 features which offset or limit the necessity for such minimum distance 17 requirements. The BZA's decision to waive part or all of the distance 18 requirements shall be based upon the following factors: 19 i. Whether the nature and type of natural or manmade boundary, 20 structure, or other feature lying between the proposed 21 establishment and an existing facility 22 with fuel pumps is determined by the BZA to lessen the impact of 23 the proposed service stationfacility with fuel pumps. Such 24 boundary, structure, or other feature may include, but is not 25 limited to, lakes, marshes, nondevelopable wetlands, designated 26 preserve areas, canals, and a minimum of a 4 lane arterial or 27 collector right-of-way. 28 ii. Whether the facility with fuel pumps 29 is only engaged in the servicing of automobiles during regular, 30 daytime business hours, or, if in addition to or in lieu of servicing, 31 the stationfacility with fuel pumps sells food, gasoline, and other 32 convenience items during daytime, nighttime, or on a 24 hour 33 basis. 34 iii. Whether the service enfacility with fuel pumps is located 35 within a shopping center primarily accessed by a driveway, or if 36 it fronts on and is accessed directly from a platted road right-of- 37 way. 13 l:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Station LDCA\SECOND ROUND OF DRAFTS\5 05 05 Automobile Service Stations LDCA for 2-5-15 CCPC 1-29-15.docx 1/29/2015 11:30:18 AM Text underlined is new text to be added. Bold text indicates a defined term 1 iv. Whether the granting of the distance waiver will have an adverse 2 impact on adjacent land uses, especially residential. 3 b. The Administrative Code shall establish the submittal requirements for an 4 facility with fuel pumps waiver request. 5 The request for an facility with fuel pumps 6 waiver shall be based on the submittal of the required application, a site 7 plan, and a written market study analysis which justifies a need for the 8 additional facilities with fuel pumps in the 9 desired location. 10 c. Additional conditions. The BZA shall have the right to add additional 11 conditions or requirements to its approval of a distance waiver request in 12 order to insure compatibility of the facility 13 with fuel pumps with the surrounding area and the goals and objectives 14 of the GMP. 15 C. Standards for facilities with fuel pumps in proximity to residential property. In order to 16 promote the public health, safety, and welfare, it is the intent of this section to establish 17 standards and procedures for review and approval of the development of facilities with 18 fuel pumps in proximity to residential property. 19 1. For the purposes of this section: residential property shall be any lot which is 20 developed or zoned for residential use, and new residential property shall be any 21 property that is rezoned to a residential zoning district after[effective date of 22 Ord . 23 2. Table C.2. – Standards for facilities with fuel pumps establishes location and 24 fuel pump standards. In addition to these standards, new residential property 25 shall not be permitted within 300 feet of existing facilities with fuel pumps with 26 more than 8 fuel pumps, except as provided in 5.05.05 C.3. This section is not 27 intended to render residential property unbuildable. Existing residential and 28 Estates zoned lots shall not be affected by this amendment. 29 30 Table C.2– Standards for facilities with fuel pumps. Maximum Number of Fuel Number of Fuel Pumps Location of Facilities with Fuel Pumps?- Pumps Approved Through a Approved Public Hearing- Administratively More than 8 fuel pumps Within 300 feet of residential may be approved as New facilities property 8 fuel pumps part of a public hearing with fuel subject to LDC Section pumps 5.05.05 C.3. Further than 300 feet from No maximum N/A residential property — Additions or More than 8 fuel pumps relocation of may be approved as fuel pumps or part of a public hearing. underground Within 300 feet of sensitive land 8 fuel pumps Existing fuel pumps as storage tank uses of(effective date) may vent riser be modernized or opening at replaced. existing Further than 300 feet from No maximum N/A facilities with residential property 14 I:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Station LDCA\SECOND ROUND OF DRAFTS\5 05 05 Automobile Service Stations LDCA for 2-5-15 CCPC 1-29-15.docx 1/29/2015 11:30:18 AM Text underlined is new text to be added. Bold text indicates a defined term fuel pumps 1-The measurement shall be the shortest distance between the nearest fuel pump or underground storage tank vent riser opening, whichever is more restrictive, to the nearest residential property. ?Public hearings shall include, but not be limited to: conditional uses, PUDs, PUD amendments, and rezone requests. 3 Public hearin.s shall be sub.ect to LDC Section 5.05.05 C.3. 1 2 3. Considerations for public hearings. This section applies to 1) facilities with 3 fuel pumps seeking more than 8 fuel pumps within 300 feet of residential 4 property or 2) new residential property seeking to locate within 300 feet of 5 existing facilities with fuel pumps with more than 8 fuel pumps. These uses 6 may be approved through a process that includes a public hearing. In addition 7 to related findings or criteria established in the LDC, the public hearing shall 8 include, but are not limited to the following considerations to address 9 compatibility and adverse impacts of the request. 10 a. Number of fuel pumps. 11 b. Proximity and mitigation to residential property or facility with fuel 12 pumps. 13 c. Hours of operation of facility with fuel pumps. 14 d. Architectural design, lighting, landscape buffers, and other site features 15 as described in LDC section 5.05.05 B.2.a.i. 16 e. Location of fuel pumps, parking, loading, and refueling areas. 17 f. Buildings or features, as described in LDC section 5.05.05 B.2.a.i., that 18 are located between residential property and the proposed facility with 19 fuel pumps. 20 q. Additional uses and accessory uses of the facility with fuel pumps. 21 h. Whether the facility with fuel pumps is within an activity center. 22 CD. Building architecture and signage requirements. 23 1. Building architecture shall meet the requirements of section 5.05.08, 24 2. Signage for facilities with fuel pumps. The 25 following are the only signs allowed in facilities 26 with fuel pumps and convenience stores with gas fuel pumps. 27 a. Window,Wall, and other signs: As allowed in Section 5.06.00 of this 28 Code. 29 b. All canopies may have an illuminated corporate logo with a maximum 30 area of 12 square feet shall be allowed on a canopy face which is 31 adjacent to a dedicated street or highway. Otherwise, accent lighting, 32 back lighting and accent striping are prohibited on canopy structures. 33 c. One ground sign shall be permitted for each site and shall be placed 34 within a 200 square foot landscaped area. Height is limited so that the top 35 edge of the sign face is less than eight feet above grade. Maximum 36 permitted area 60 square feet. 37 d. Signage is prohibited above gas-atollsfuel pumps. 38 DE. The following landscape requirements are in addition to the requirements of section 39 4.06.00 Landscaping and Buffering. 40 1. Right-of-way buffer landscaping: 41 a. Landscaping adjacent to rights-of-way external to the development 42 project shall be located within a landscape buffer easement which is a 43 minimum of twenty-five (25) feet in width.Water management swales 15 l:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Station LDCA\SECOND ROUND OF DRAFTS\5 05 05 Automobile Service Stations LDCA for 2-5-15 CCPC 1-29-15.docx 1/29/2015 11:30:18 AM Text underlined is new text to be added. Bold text indicates a defined term 1 shall not be located within these buffer areas; however, water 2 management facilities such as underground piping shall be permitted. 3 b. An undulating berm with a maximum slope of 3:1 shall be constructed 4 along the entire length of the landscape buffer. The berm shall be 5 constructed and maintained at a minimum average height of three(3) 6 feet. The berm shall be planted with ground cover(other than grass), 7 shrubs, hedges, trees, and palms. 8 c. The required trees and palms shall be clustered in double rows with a 9 minimum of three (3)trees per cluster. Canopy trees shall be planted a 10 maximum of twenty(20) feet on center within a cluster. The use of palms 11 within the right-of-way buffer shall be limited to landscaped areas 12 adjacent to vehicular access points. Palms shall be planted in staggered 13 heights, a minimum of three (3) palms per cluster, spaced at a maximum 14 of eight (8) feet on center, with a minimum of a four (4)foot difference in 15 height between each tree. Exceptions will be made for Roystonea spp. 16 and Phoenix spp. (not including roebelenii)which may be planted one(1) 17 palm per cluster. A maximum distance of twenty-five (25) feet between all 18 types of tree clusters shall be maintained(See Illustration 1 below). 19 d. All of the trees shall be a minimum of fourteen (14) feet in height at the 20 time of installation. Trees shall have a minimum of a three and one-half 21 (31/2) inch caliper at twelve(12) inches above the ground and a six (6) foot 22 spread. At installation, shrubs shall be a minimum of ten (10)gallon,five 23 (5) feet in height, with a three (3)foot spread, planted four(4) feet on 24 center. 25 2. Landscaping adjacent to all other property lines: 26 a. Side property boundaries(other than those adjacent to rights-of-way) 27 shall be planted with single row hedges consistent with the minimum 28 requirements of section 4.06.00, Landscaping and Buffering. 29 b. Rear property boundaries (other than those adjacent to road rights-of- 30 way) shall be planted with a single row hedge. The hedge shall be a 31 minimum height of four(4) feet at planting, planted at three (3)feet on 32 center, and shall be maintained at a height of five (5) feet. 33 c. Curbing shall be installed and constructed, consistent with minimum code 34 requirements, between all paved areas and landscape areas. 16 l:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Station LDCA\SECOND ROUND OF DRAFTS\5 05 05 Automobile Service Stations LDCA for 2-5-15 CCPC 1-29-15.docx 1/29/2015 11:30:18 AM Text underlined is new text to be added. Bold text indicates a defined term ILUSTSATION I '° — ,,Ai :11 I {l r Ix 2 Illustration 1. Auto Service StationFacilitv with Fuel pumps R.O.W. Landscape Requirements 3 €F. Facility with fuel pumps sites shall be separated from 4 adjacent residentially zoned or residentially developed properties by an architecturally 5 designed 6 foot high masonry wall or fence utilizing materials similar in color, module, 6 and texture to those utilized for the building. Landscaping shall be planted on the 7 residential side of the fence or wall. 8 FG. Lighting. 9 1. All lighting facilities shall be directed away from adjoining properties. 10 2. On-site luminaries shall be of low level, indirect diffuse type, and shall not exceed 11 a height of greater than twenty (20)feet above finished grade. 12 3. Lighting located underneath a canopy shall be of low level, indirect diffuse type 13 designed to provide light only to the pump island areas located underneath said 14 canopy. 15 GH. All restrooms shall be located inside or to the side or rear of the building. 16 Hl. As required by section 5.03.04, a six(6)foot high enclosed trash area to be integrated 17 with the design of the service-statioafacility with fuel pumps shall be provided. 18 1J. Storage tanks shall be located below grade. 19 JK. There shall be no outside displays of products, stacking of tires, or other merchandise. 20 14L. No facilities with fuel pumps shall have an entrance or 21 exit for vehicles within 200 feet along the same side of a street as a school, public 22 playground, child care center, church, hospital, public library, or any institution for 23 dependents or for children, except where such property is in another block. 24 M. Color accent banding on gasoline canopy structures and all other structures is 25 prohibited. Canopies shall be of one (1) color, consistent with the predominant color of 26 the principal structure, if applicable. The color of all structures on-site shall be of soft 27 earth tones or pastels. 28 MN. Each facility with fuel pumps shall provide the necessary 29 infrastructure and pre-wiring in order to provide the capabilities for generator service in 30 case of emergencies. 31 NO. In addition to the retail dispensing of automobile fuels and oil, only the following services 32 may be rendered and sales made, except as indicated: 33 1. Sales and servicing of spark plugs, batteries, distributors, and distributor parts. 17 I:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Station LDCA\SECOND ROUND OF DRAFTS\5 05 05 Automobile Service Stations LDCA for 2-5-15 CCPC 1-29-15.docx 1/29/2015 11:30:18 AM Text underlined is new text to be added. Bold text indicates a defined term 1 2. Sales, mounting, balancing, and repair of tires and wheel alignments, but not 2 recapping of tires. 3 3. Sales and replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, 4 floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers, 5 mirrors, exhaust systems, and the like. 6 4. Provision of water, antifreeze,flushing of the cooling system, air conditioning 7 recharge, and the like. 8 5. Providing and repairing fuel pumps and lines. 9 6. Minor motor adjustments not involving removal of the head or crankcase. 10 7. Greasing and lubrication. 11 8. Sales of cold drinks, candies, tobacco, and similar convenience goods for service 12 station customers, but strictly and only as accessory and incidental to the 13 principal business operation. 14 9. Provision of road maps and other information. 15 10. No mechanical work shall be allowed outside of the enclosed areas. 16 11. Oil drainage pits or appliances for such purpose or repair purposes shall be 17 located within a wholly enclosed building. 18 12. Uses permissible at a facility with fuel pumps do 19 not include major mechanical and body work, straightening of frames or body 20 parts, steam cleaning, painting, welding, storage of automobiles (except as 21 expressly permitted in subsection 13. below), commercial garage as an 22 accessory use, or other work involving undue noise, glare, fumes, smoke, or 23 other characteristics to an extent greater than normally found in such 24 stationsfacilities. AR facility with fuel pumps is not 25 a facility for the sale of automobile vehicles, a repair garage, a body shop, or a 26 truck stop. 27 13. The temporary storage of vehicles shall be permitted if the vehicles are to be 28 serviced at the service stationfacility with fuel pumps or if the vehicles have 29 been towed by the service stationfacility with fuel pumps and are being held for 30 servicing, for an insurance company, or for salvage. Any such vehicle(s), other 31 than those vehicles serviced daily, shall be stored within an area surrounded by 32 an opaque fence not less than six (6)feet high. Said vehicles shall not be stored 33 longer than sixty (60) days. 34 14. Washing and polishing of automobiles and sale of automobile washing and 35 polishing materials, but this only allows auto detailing as an accessory use. This 36 provision does not allow carwashes except in those zoning districts where a 37 carwash is a permitted use, and where such carwashes shall be subject to 38 criteria specified in the zoning district. 39 OP. Exceptions: 40 1. The site design standards set forth in 5.05.05 B.1. (table) shall not apply to, nor 41 render non-conforming, any existing facilities with 42 fuel pumps or any facilities with fuel pumps 43 within a PUD in which a specific architectural rendering and site plan was 44 approved as part of a rezoning action prior to July 5, 1998. 45 2. The site design standards set forth in 5.05.05 F.—M. or any other applicable 46 development standard shall apply to existing 47 statiensfacilities with fuel pumps pursuant to the provisions of 9.03.00 48 Nonconformities, and all other applicable sections of the Land Development 49 Code. 50 (Ord. No. 09-43, §3.A; Ord. No. 10-23, §3.JJ; Ord. No. 13-56, §3.S) 51 # # # # # # # # # # # # 18 l:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Station LDCA\SECOND ROUND OF DRAFTS\5 05 05 Automobile Service Stations LDCA for 2-5-15 CCPC 1-29-15.docx 1/29/2015 11:30:18 AM Page 1 APPENDIX 2-A Page 2 BCC REGULAR MEETING MINUTES October 28, 2014 Page 3 October 28, 2014 SECOND HEARING — APPROVED MR. OCHS: Very good. That takes us to your advertised public hearings. The first advertised public hearing is Item 9A. It's a recommendation to consider an ordinance amending Ordinance No. 04-41, as amended, the Collier County Land Development Code, for three specific Land Development Code amendments that were previously directed by this commission, and Ms. Caroline Cilek will take you through those items, Commissioners. MS. CILEK: Thank you. Yes, good afternoon, Commissioners, Caroline Cilek, Land Development Code Manager with the Growth Management Division. And I am here to present three board-directed out-of-cycle LDC amendments for your consideration. This is the first hearing for these amendments. Because we are proposing changes to the permitted conditional and prohibited uses of several zoning categories, the Land Development Code requires that the amendments are considered at two board hearings. To fulfill this requirement, the amendments are on the agenda for the November 18th meeting. Each of these amendments was thoroughly vetted by the public and by Collier County advisory boards. Several public information meetings were held, and all comments collected are provided in the attachments of your agenda packets. If I may, I'll proceed into the amendments. The first amendment was board directed on January 14th and seeks to amend the Estates zoning district accessory use section to allow for residents to grow fruits, vegetables, and nursery plants for both personal consumption and off-site retail sale. Those pursuing to sell produce and nursery plants off site, pursuing to sell produce and nursery plants off site would be subject to Page 100 Page 4 October 28, 2014 LDC Section 5.02.00, home occupation, as well as several additional site design standards. This amendment was approved by the Planning Commission on October 16 with a unanimous 6-0 vote. The second amendment was directed by the board on the same date, January 14th, and seeks to streamline the process for raising hogs in the Estates and agricultural zoning districts as part of the county's 4-H youth development program. This amendment was approved by the Planning Commission on October 16th with a 6-0 unanimous vote of approval. The third amendment follows board direction on July 8th and proposes to limit automobile service stations to eight fuel pumps when located within 300 feet of residential property. A greater number of fuel pumps may be sought through the conditional use process or as part of a planned unit development. This amendment was approved by the Planning Commission on October 16th with a unanimous 6-0 vote. CHAIRMAN HENNING: Okay. MS. CILEK: Are there any questions regarding these amendments? CHAIRMAN HENNING: Questions? Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. I'd like to address No. 3. MS. CILEK: Okay. COMMISSIONER FIALA: And we are talking specifically about the automobile service stations. We had no idea that interstate humungous gas stations were going to come in and decide to plant themselves at the entrance to people's neighborhoods. We're trying to take care of that now, but I think we -- we might need to go just a little bit further, and I don't know if we can do it on this agenda or not. But also when they're directly across the street from a community Page 101 Page 5 October 28, 2014 park where the kids are running back and forth across the main thoroughfare, 55-mile-an-hour thoroughfare, it can be a very dangerous situation. And we have that going on in one section of the county now on U.S. 41 . Also, when they plant themselves in the front of a neighborhood that already has cute little two-story stilt homes, and now these people will never have a moment's peace and quiet. We need to have -- first of all, this is what this is for but, secondly, on those that are in the future, we need to make sure that there is some kind of protection for the neighborhoods behind them. For instance, on Manatee Road, there's a 55-and-older mobile home park there, and you can see all the mobile home park vehicles sitting there, but there's no protection, no walls, no nothing to protect them from what's going on in front of them. And so we need to address that, and I don't know if you can add that in here. I don't know if the other commissioners would agree. But it's just coming right now in my district, but it's going to be coming into others, and I want to make sure that we have this so that nobody else has to deal with the stuff we're dealing with right now. CHAIRMAN HENNING: Commissioner Fiala, have you talked to staff members about this particular -- COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: Yes. Who did you speak to on that? Maybe they can address it. COMMISSIONER FIALA: Nick. CHAIRMAN HENNING: My understanding, fuel stations, gas stations, must have a separation with a wall. COMMISSIONER FIALA: Well, I would think so. I couldn't believe on Manatee Road -- MR. CASALANGUIDA: Commissioners, for the record, Nick Casalanguida. Page 102 Page 6 October 28, 2014 We discussed it yesterday. And, you know, going forward I think we can look at that, but it would be hard to make that change right in the middle of a hearing today, so -- CHAIRMAN HENNING: It is a requirement under the service station provisions that there has to be that separation with a wall. MR. CASALANGUIDA: She's talking about the type of buffer, sir, the height of the wall. She's also talking about pedestrian accessibility, things that -- because it's a conditional use above eight pumps, you can look at a lot of different things. Both the Planning Commission and the board has a lot of leeway for the conditional use process to address compatibility. So, you know, discussing with staff, I think you've got that flexibility in a conditional use. The way this is written now, under eight pumps, you don't have a conditional use process. It's just the Land Development Code. So if you change the threshold, then it becomes more of a conditional use hearing in front of the Planning Commission and both the board. So that's the challenge. if you go lower in pumps, you'll see more of these things. CHAIRMAN HENNING: Let's call them mega-stations. MR. CASALANGUIDA: Right, above eight pumps. CHAIRMAN HENNING: Pardon me? MR. CASALANGUIDA: You're saying above eight pumps is a mega-station. CHAIRMAN HENNING: Mega. MR. CASALANGUIDA: Right. But the way the commissioner's describing it, if it's below eight pumps right now, it's administrative. You would not go through a conditional use process if it meets the zoning criteria. If you're asking to see all gas stations that abut residential come in front of the board for conditional use review and the Planning Commission, that's not our prior direction, but it can Page 103 Page 7 October 28, 2014 certainly be done. CHAIRMAN HENNING: Okay. Any further questions? COMMISSIONER COYLE: Yeah, I have a question. Let's make sure we clarify. I have a feeling that some of the people in the audience today are concerned about the gasoline station that is considered for U.S. 41 very near to this building. As I understand it, this change will not, in itself, prohibit that particular project from proceeding; is that correct? This will address only those projects that are brought before the Board of County Commissioners after this ordinance is approved by the Board of County Commissioners. Do I have that right? MS. CILEK: (Nods head.) MR. OCHS: Say yes. MS. CILEK: Yes. COMMISSIONER COYLE: Okay. So this is not a solution that can be applied retroactively to any project that is currently under consideration? MS. CILEK: No. COMMISSIONER COYLE: Okay. I wanted to make sure 1 got that right. CHAIRMAN HENNING: And this is the first of two -- MS. CILEK: Correct. CHAIRMAN HENNING: -- hearings on these three items. MS. CILEK: Correct. CHAIRMAN HENNING: Okay. And I don't think there's any objections to approving these by the Board of Commissioners since it was directed by the board. COMMISSIONER FIALA: I just wanted to make sure — CHAIRMAN HENNING: You don't have to convince us that we need to approve this, because I think you'll find us unanimously agreeing with you. So if you want to waive your time, you may do so. Page 104 Page 8 October 28, 2014 COMMISSIONER FIALA: Let me just say, as I mentioned, is there something that we can do with this also to make sure that there's some kind of separation, wall or something, to protect people from behind where they have eight pumps or whatever? I just want to make sure that -- and same with the safety factor for the parks. As we're working this up, I want to make sure that we address that, too. MS. CILEK: Sure. I want to point out one of the provisions in the proposed amendment language, which is Cl -- or excuse me, C2(b), and that is regarding proximity and mitigation of impact to ensure compatibility with residential property. That standard is designed, through the conditional use process, to address your concerns. COMMISSIONER FIALA: Oh, good. Okay, very good. Thank you. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Yeah. And I think it's very important that two things be made clear, and the first, that this is the most restrictive we can be in order to limit this type of development. Is that correct, legally, that we can't be any more restrictive than we're being by providing this code provision? MS. CILEK: I think when it comes to legally restrictive -- COMMISSIONER HILLER: Let -- I don't want you to answer that. MS. CILEK: Fine. COMMISSIONER HILLER: That's for the county -- I know I looked at you, but -- MS. CILEK: Perfect. COMMISSIONER HILLER: -- I really meant to be looking at the county attorney. MS. CILEK: That's great. COMMISSIONER HILLER: I mean, I want to be sure that we Page 105 Page 9 October 28, 2014 are doing the most the law allows because of-- it's a matter of such great public concern, but without, in any way, compromising property rights — MR. KLATZKOW: We're trying to balance -- COMMISSIONER HILLER: -- of the owner. MR. KLATZKOW: If you're asking the question, we're trying to balance the two as best we can. COMMISSIONER HILLER: Is -- but, again, is this the most restrictive we can be, or do we have the ability to be -- MR. KLATZKOW: The most restrictive you can be is to go through your whole county and start X'ing out areas where you can have a gas station, but then you're running a risk of people claiming that their rights have been diminished. So this is a -- this is better than what you have. This is a lot better than what you have. COMMISSIONER HILLER: Now, does this provision -- and I want this to be clear on the record. It allows the property owners to seek approval as part of a PUD or as a conditional use, but it does not guarantee the owners of the property that they will be given the right and that it remains the board's discretion, based on the evidence presented, to deny such a request coming to us under a PUD or as a conditional use. MR. KLATZKOW: As long as the board takes the criteria and fairly implements the criteria, yes, the board can say no. COMMISSIONER HILLER: Does that satisfy you, Commissioner Fiala? Because I know how concerned you are. COMMISSIONER FIALA: Yes, that's moving in the right direction. COMMISSIONER HILLER: Is it enough? COMMISSIONER FIALA: Well, I don't -- I don't know. I was just going to ask another question and see if it is. But that's definitely -- I don't know if you guys have any suggestions. I would have never Page 106 Page 10 October 28, 2014 thought to put something like this on the agenda two years ago, because it was unheard of to have a mega-station in a neighborhood. Now, I understand many more are coming. Like, for instance, the one that's being built on Manatee Road, right next door by the Wal-Mart they're going to build a mega-station, a Wal-Mart mega-station, then Wawa is coming in and building mega-stations. CHAIRMAN HENNING: Oh, I love those. COMMISSIONER FIALA: We could build one in your neighborhood. CHAIRMAN HENNING: I wish you would. COMMISSIONER FIALA: Anyway, so these things are all coming. And I think just as long as we make sure that both people have property rights -- COMMISSIONER HILLER: Exactly. COMMISSIONER FIALA: -- not only the people coming in, but those people who are already here, and it will affect their property values and property rights. And so we have to take in both sides of that issue. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes. I agree -- I agree with this recommendation. I'm in full support of all three items on here, but just as a cautionary reminder to everyone, that a lot of the properties that people apply to use under all sorts of commercial conditions, Cl, 2, 3, and 4, have a lot of activities that are included in the Land Development Code that might be a lot less desirable than a gas station. And people need to understand that our current Land Development Code provides protections for buffers between commercial properties and residential properties. So everybody needs to understand that there's a full gamut of things that can happen on properties that currently exist in our Land Page 107 Page 11 October 28, 2014 Development Code pretty much by right and that it's not a conditional use. So everybody needs to be aware of what those are and the fact that there are many alternatives that, you know, we're going to have to come to grips with and this board does all the time. CHAIRMAN HENNING: Okay. Well, let's go to public speakers. And, again, I don't think you're going to find anybody opposing moving this forward to the second hearing. Thank you. MS. CILEK: Thank you. MR. MILLER: I have two registered public speakers on this item. Eric Donihoo, Donihor (sic), and he'll be followed by Vern Hammett. MR. DONIHOO: Thank you. First, I would like to say it's definitely a step in the right direction that you're looking at. To answer your -- part of what your statement was, is there more that can be done? In my opinion, absolutely yes. If you look at some of the information that was very thoroughly done by the current staff in trying to give you information, they pointed out that there are other communities within our own state, such as Davie, Florida, that does not allow a gas station within 250 feet -- of any size gas station -- to residential use. Okay. We've used the language in here that a gas station of eight pumps or less may come in, without expectation or approval by you-all, within 300 feet. So they could basically put their pumps 20 feet from your property line if they so desired. If you go on to read the information that we provided from the county, on Page 2, it talks about the EPA providing an Air Quality and Land Use Handbook that basically comes out and says they recommend locating sensitive land uses such as residential 300 feet from a large gas station based on benzene emissions. That is their minimum of 300-foot, not within 300 feet. So I would ask our board Page 108 Page 12 October 28, 2014 to take a hard look at not using the language of allowing someone eight pumps or less within. I would say 300 feet should be our minimal. It also goes on to state, if you look at some further infot oration in there that's available that had some experts that have put out some letters on it, one of which is Patrick. Breysse, who's a professor of Johns Hopkins' Bloomberg School of Public Health. When asked about mega-stations, in particularly -- he was referring to a particular brand that -- I don't need to come out and give their name or anything, but it's a mega-station similar to what we're looking at within our county. He comes out to state that they looked at this in the minimum that came out from the California Air Resource Board, who did an extensive study on this, was 300 feet should be the minimum of residential to any gas station facilities referring to the measurement of the pump. They used a gallonage of a facility doing 3.6 million gallons a year as their threshold. In the meeting that we held with the mega-stations looking for a location within our county, they stated openly in this meeting, as a matter of public record, that their average in their portfolio, including all stores within their portfolio, was a minimum of 85,000 gallons per week, which simple math tells you that it's well in excess of 3.6 million. Their portfolio also includes much, much smaller stations that are not mega-stations. If you go on to continue to read his information, he tells you that, quite frankly, as a result, setback distance of 100 meters, even, is not likely to provide adequate protections from cancer risk. So what I would ask the board is to continue down the path you have, take a hard look at saying within 300 feet requires nothing. Maybe 300 feet should be the minimal. And then for a mega-station, maybe it should be as much as 1,000 feet, which is the measurements that were used, if you look at Page 2 of the county's assessment in Page 109 Page 13 October 28, 2014 school site guidelines. And then anything over that measurement would require your approval, and that would answer your needs there. Thank you for your time. I appreciate it. MR. MILLER: Your final public speaker on this item is Vern Hammett. MR. HAMMETT: I waive my time. MR. MILLER: And he's waiving his time, sir. CHAIRMAN HENNING: Caroline, did the Planning Commissioner or DSAC hear an enhanced setback for these mega gas stations? MS. CILEK: Both of those advisory boards reviewed the proposed language. DSAC's recommendations are in the amendment text and on the summary sheet. And then there was one change by the Planning Commission regarding, actually, that provision I just read a little bit earlier, but we -- CHAIRMAN HENNING: And that's what's being adopted by the -- that's what's being recommended by the staff? MS. CILEK: Right. CHAIRMAN HENNING: Let me -- MS. CILEK: Planning Commission recommended to move forward with the language as written, which was prepared by staff. CHAIRMAN HENNING: Okay. Yeah, DSAC, it says -- let me get the packet page. Packet Page 39. That doesn't make sense. COMMISSIONER FIALA: It's on Page 17, recommendations. CHAIRMAN HENNING: Yeah. The recommendations by DSAC, No. 3, measurement distance of 300 feet from the pump to the face or the edge of the residential building. MS. CILEK: That is actually less restrictive than we have it now. Right now it's written so that it's from the fuel pump to the lot line of the residential property, which allows for the lot -- basically your Page 110 Page 14 October 28, 2014 backyard and your side yards to be used without -- or not be impacted. CHAIRMAN HENNING: And what's the separation distance? MS. CILEK: 300. CHAIRMAN HENNING: Well -- okay. So we do have a 300 -- MS. CILEK: Uh-huh. CHAIRMAN HENNING: -- within there? Okay. My misunderstanding. From the speaker it sounded like it was a lot less. MS. CILEK: The first sentence of the proposed language reads, automobile service stations shall be limited to eight fuel pumps when located within 300 feet of residential property. UNIDENTIFIED SPEAKER: Within. COMMISSIONER HILLER: So they allow pumps, as long as it's under a total of eight, to be within 300 feet. MS. CILEK: Correct. CHAIRMAN HENNING: Within. COMMISSIONER HILLER: Within. CHAIRMAN HENNING: The word is "within." MS. CILEK: So within that 300 feet distance, you can have up to eight pumps. Once you hit 300 feet, you would have to go through a conditional use or through a planned unit development process to allow for a greater number. CHAIRMAN HENNING: I don't like that language. I think it has to define the separation no matter how many pumps you have. You can have, according to this, 10 feet, as long as you don't exceed eight pumps. MS. CILEK: Well, the setbacks would apply for a gas station, automobile service station in the LDC. So those setbacks would still apply. CHAIRMAN HENNING: Well, what are the setbacks? MS. CILEK: I don't have that table up, but I can identify that before the next board meeting, if that would be helpful. Page 1 1 1 Page 15 October 28, 2014 CHAIRMAN HENNING: I think that we need to address it today. MS. CILEK: Okay. We can -- CHAIRMAN HENNING: So I don't know what the other board members feel. I would like to continue this discussion till later on this afternoon and give that. You want me to get my LDC book? MS. CILEK: I can -- access someone's computer. CHAIRMAN HENNING: Okay. What do you think? COMMISSIONER FIALA: I think that's a good idea, because I wanted to address the thousand feet anyway. That would be great. MS. CILEK: Okay. COMMISSIONER COYLE: I'm confused about the confusion. When you say within 300 feet of a residential area, you're essentially saying from the lot line of the gasoline station to the lot line of the residential area is 300 feet? MS. CILEK: It's actually from the fuel pump of the automobile service station to the lot line of a residential property. COMMISSIONER FIALA: That's not good. COMMISSIONER COYLE: Okay. So -- MS. CILEK: And within that are only eight fuel pumps. COMMISSIONER COYLE: So the distance between those eight fuel pumps and the next residence will be 100 yards, 300 feet? MS. CILEK: It will be subject to the LDC setback standards, and any other walls and buffers that we have outlined in this section, which I can highlight for you. I don't have them off the top of my head, I'm sorry. COMMISSIONER COYLE: Okay. What I'm having trouble with is the statement by the speaker that the fuel pumps could be within 20 feet of the residential area, and that makes no sense to me. And I think that's what has confused some of the members of the board. Page 112 Page 16 October 28, 2014 If you're saying that the separation, the minimum separation for fuel pumps, eight or less, is 300 feet; is that what you're saying? That's not what you're saying? Okay. Tell me what you are saying. MS. CILEK: I'm going to read the language so that -- COMMISSIONER COYLE: Okay. MS. CILEK: it's very clear what the proposed amendment relayed. So C I, automobile service stations shall be limited to eight fuel pumps when located within 300 feet of residential property. For the purposes of this section, residential property shall be any lot which is developed or intended for residential use. The measurement shall be the shortest distance between the fuel pump to the residential property. A greater number of fuel pumps may be approved as part of a PUD or conditional use subject to the following section, and it goes on to discuss existing fuel pumps. I would like to note real quick about automobile service stations. This is language in the section. Shall -- sites shall be separated from adjacent residentially zoned or residentially developed properties by an architecturally designed 6-foot-high masonry wall or fence utilizing materials of a similar color. So I just wanted to point out at least one provision that addresses compatibility between residential and automobile service stations. COMMISSIONER COYLE: Well, you see, this can be interpreted to mean that if it's located anywhere within 300 feet of the residential property, the fuel pumps — CHAIRMAN HENNING: You can only have eight. COMMISSIONER COYLE: You can only have eight, but they can be located anywhere. CHAIRMAN HENNING: Right. MR. CASALANGUIDA: Subject to the LDC. Page 113 Page 17 October 28, 2014 COMMISSIONER COYLE: Right. So they could be located within 5 feet of the lot line of the residential unit. MS. CILEK: Subject to LDC setbacks. COMMISSIONER COYLE: Yeah, subject to the setbacks, which are not going to be really great. What do you have, a 20-foot setback or -- MR. CASALANGUIDA: It depends on the area. COMMISSIONER COYLE: Okay. So -- MS. CILEK: Right. And it would depend on the PUD. COMMISSIONER COYLE: So now it's -- now I'm beginning to understand the concern of the speaker. I think if your intent is that the fuel pumps should be located 300 feet from the nearest residence, that sounds pretty good, but that's not, apparently, what you're saying. MS. CILEK: Right. And this was -- we followed this following your direction. So perhaps we can revise the language to reflect your current interest. COMMISSIONER COYLE: Well, my current interest would be to make sure that the fuel pumps are located the maximum distance you can get them from residential property; like 10,000 feet would be good. (Applause.) CHAIRMAN HENNING: Commissioner Coyle, on this one, let's get a consensus from the board -- from the board, on just this issue about the separation. COMMISSIONER FIALA: May I ask one more question before we get the consensus'? CHAIRMAN HENNING: Sure. COMMISSIONER FIALA: If that fuel station with eight pumps or less then has a 40-foot-high convenience store behind it, that's all part of that 300 feet, isn't it; the fuel pumps in front, the convenience Page 114 Page 18 October 28, 2014 store, it could then be 20 feet from their residence, right? CHAIRMAN HENNING: It could be in the back. MS. CILEK: I mean, it would depend on the layout of the land. COMMISSIONER FIALA: Right. So I think it's important to -- for us to decide what we mean by -- where we take the measurements from. CHAIRMAN HENNING: Well, actually what we need to do, and I'm sure it's done -- it has been done, is what is the -- the typical commercial lot out there and, you know, debate that. Like Commissioner Coyle said -- and I support a distance of the fuel pumps no less than 300 feet, and try to get them as far removed from residential area, right? Commissioner Fiala? COMMISSIONER FIALA: Yeah, but then you have the lights and the traffic, or the lights and the deliveries that are going behind this convenience store, which will still be also a detriment to the people that are living smack behind that property. CHAIRMAN HENNING: Well, you would have the same thing with a Wal-Mart or CVS, deliveries in the back. You have that right by Shadowlawn. COMMISSIONER FIALA: Yeah, but they wouldn't -- I don't think you'd have a Wal-Mart backed right up — CHAIRMAN HENNING: I mean, I'm sorry, a Walgreen's -- I'm sorry, a Walgreen's or a CVS or any type of service area, most of them have unloading — COMMISSIONER FIALA: But we have an ability to -- we have an ability now to carve something into our Land Development Code that will protect our neighbors -- our neighborhoods for the future. We're not going to be here, but we can at least set something up so that we protect the neighborhoods of the future. CHAIRMAN HENNING: Okay. Well, Jeff, Commissioner Page 115 Page 19 October 28, 2014 Fiala's concerns about more changes to the proposed LDC, can we -- I know in the past that would be a future amendment. It hasn't been heard by the other committees. How do we do that? MR. KLATZKOW: Why don't you -- you've got three amendments here. I understand you've only got one amendment here that you're concerned about. So we can move the other two amendments forward in the process. Why don't you kick this one back to the Planning Commission, who can then publicly air these concerns and maybe come up with something else. As I'm seeing this chart, I'm looking at, like, 40-foot setbacks between the pumps and residential as we currently are. So if we want to move to 300 feet, I don't know if, from a practical standpoint, that you can even do that. But that's something that the Planning Commission could just really get their teeth into. CHAIRMAN HENNING: Okay. That's not a bad idea. But let me get the consensus of a 300-foot separation or greater. Commissioner Hiller? COMMISSIONER HILLER: Yes. I think that no gas station should be allowed within 300 feet from the commercial lot setback line that abuts the residential community -- CHAIRMAN HENNING: Okay. Commissioner Nance? COMMISSIONER HILLER: -- at a minimum, and that -- it doesn't matter the number of pumps. COMMISSIONER NANCE: I would be in favor moving the other two items forward, but I believe if we have issues with fuel — and that's what people are talking about, pollution with fuel -- that we need to address that. If we are talking about the distance between commercial activities and residential, I think that that is a huge issue. I think it's rightfully — the county attorney has made a great suggestion. I believe we should remand this one to the Plan (sic) Commission and talk specifically Page 116 Page 20 October 28, 2014 about fuel-related issues, if that's the issue. If we're talking about the distance of a store or other commercial activities, I think that's a much greater issue. And we're going to -- we're on a slippery slope here, because we're talking about major, major overhauls to what we've done. So I know that these -- that these facilities have a convenience store element, and they have a fuel element. But I would -- I would make the motion to remand that to the Planning Commission and let them take this under advisement and make a recommendation back to us. COMMISSIONER FIALA: I'll second that motion. CHAIRMAN HENNING: Okay. Not only do we have a consensus, now we have a motion and a second. Motion by Commissioner Nance, second to approve the remainder of the LDC proposed amendments, reprimand (sic) the automobile -- COMMISSIONER NANCE: Remand. CHAIRMAN HENNING: Yeah, remand. COMMISSIONER NANCE: We've done enough reprimanding, Commissioner Henning. CHAIRMAN HENNING: I said that twice today -- the service stations back to the Planning Commission for a full vetting. MS. CILEK: Okay. CHAIRMAN HENNING: Okay. Any further discussion on this itern? (No response.) CHAIRMAN HENNING: Any discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. Page 117 Page 21 October 28, 2014 CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. I hope that's satisfactory. Good. Next item? Item #14B1 AN OFFER TO PURCHASE CRA OWNED PROPERTY IN THE GATEWAY MINI-TRIANGLE BY FORTINO CONSTRUCTION & DEVELOPMENT, LLC AND ASSIGNEE FOR CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT COMPRISING RESIDENTIAL, HOTEL AND ROOFTOP RESTAURANT AND RETAIL USES; AUTHORIZE THE CRA CHAIRMAN TO EXECUTE ALL DOCUMENTS NECESSARY TO FACILITATE THE SALE AND AUTHORIZE STAFF TO DEPOSIT THE FUNDS RECEIVED FROM THE SALE INTO THE APPROPRIATE ACCOUNT - MOTION TO APPROVE THE PURCHASE CONTRACT IN ITS CURRENT FORM INCLUDING THE CHANGES THAT WERE READ INTO THE RECORD DURING THE MEETING WITH THE REALTOR'S COMMISSION TO BE HEARD AT A LATER DATE — MOTION FAILED (COMMISSIONER HENNING, COMMISSIONER HILLER AND COMMISSIONER NANCE OPPOSED); MOTION TO BRING BACK THE CONTRACT TO THE NOVEMBER 18, 2014 BCC MEETING — APPROVED MR. 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