Exhibit BB ASW LDC AmendmentText underlined is new text to be added.
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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 (4 fuel
dispensing devices); however, a greater number of fuel pumps may be sought through a public
hearing process. In addition, considerations to address 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 as an accessory use retail or whole sale of gasoline/diesel for automobiles.
The definition includes bulk gasoline/diesel stations but does not include marinas. In addition,
the term “fuel pump” is introduced to provide clarity to the proposed provisions.
REASON: 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 8th 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 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
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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 when a greater number of
fuel pumps than what was historically approved are proposed.
On October 28, 2014 the Board of County Commissioners (Board) directed Staff to take the
amendment to the Planning Commission for a second review. During the meeting, the Board
discussed several issues relating to automobile service stations and requested that the 300 foot
setback in relation to residential property be re-evaluated with regards to compatibility, intensity
of land use around residential property, and health concerns. Pursuant to the Board’s direction,
research has been expanded and the following are a snapshot of changes incorporated into the
amendment text.
1. Exception to allow more than 8 fuel pumps within 300 feet of residential use was
expanded from a conditional use/PUD process to other public hearings procedures
to consolidate processes.
2. A table of standards was introduced to improve formatting.
3. Proposed language requiring the 300 feet measurement is from fuel pump or
“underground storage tank vent riser” to address vapor impacts.
4. Proposed language requiring a public hearing if new residential development is
within 300 feet of existing facilities with fuel pumps with more than 8 fuel pumps
base on case law.
5. Proposed a new consideration under the public hearing evaluation to examine if the
proposed use is within an Activity Center.
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 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 the existing standards required for all gas stations:
• Permitted Use: Automobile Service Stations are permitted in Commercial Zoning
Districts C2 – 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
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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,
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:
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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
overall have an average of 9 fuel pumps, 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 gas stations in
Collier County. The map depicts the location and size of both retail and bulk gas stations in the
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
distance 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 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.
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• 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
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.
While existing standards currently provide for some site design 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.
Enhanced Vapor Recovery Technology 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 has required all new vehicles be equipped
with Onboard Refueling Vapor Recovery (ORVR). The ORVR mechanism is similar and
replaced a prior “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 located
within 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).
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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 (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 (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 (pg. 32). It is also important to note that several emission
sources are not covered by ORVR including spills by individuals fueling, fueling of small
engines or motorcycles, 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, may increase truck traffic and noise pollution, often
have intense lighting schemes and extended operating hours. As such, these site characteristics
can impact the health, safety, and quality of life of nearby residents and other land uses. To
better understand steps communities can take to address these potential impacts, studies were
examined which address the unique nature of gas stations and their impact on nearby sensitive
land uses.
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.
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• Refueling – During the refueling process, gasoline vapors are emitted at the
vehicle/nozzle interface.
• 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:
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
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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
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.
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.
• 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
Based on ITE 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
Daily***
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 7am-9am
**-PM Peak means the highest one hour between 4pm-6pm
***-Daily means the 24 Hour period beginning at 12:00am
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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:
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). Based on this language, it is assumed
that the distance is measured from the property line of the gas station to the “sensitive land uses.”
The study relays that “Sensitive Land Uses” are
“Land uses where sensitive individuals are most likely to spend time include schools and
schoolyards, parks and playgrounds, daycare centers, nursing homes, hospitals, and residential
communities” (pg. G-4). 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. 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
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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 or the property line, whichever is more restrictive.
F. Additional Standards to Consider
Based on the research summarized above, the following are several considerations that may
provide further protection from the effects of facilities 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. 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
360 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, 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
potential impacts of very large gas stations. It should be noted that gas stations are not
permitted in C-1 zoning districts.
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FISCAL & OPERATIONAL IMPACTS: A 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.
DSAC RECOMMENDATIONS: This amendment was previously reviewed by this advisory
board. Please see prior amendment draft for prior recommendations.
OTHER NOTES/VERSION DATE:
Prepared by Caroline Cilek, AICP, LDC Manager: 8/26/14, 9/5/14, 9/19/14, 10/1/14, 1/7/15
Amend the LDC as follows:
1
1.08.02 Definitions 2
3
Automobile service station: Facility with fuel pumps: means any establishment that sells, 4
distributes, or pumps fuels for motor vehicles whether or not such facility provides automotive 5
repair services or includes a convenience store. See fuel pump definition. Any commercial or 6
industrial facility wherein the retail sale of gasoline conducted. Where the sale of gasoline is 7
provided only as a "secondary function," such as a retail establishment (i.e. - grocery store or 8
warehouse) that provides gasoline for its customers/members as an incidental service, the 9
structures and site related to the fuel facility will be considered an automobile service station. 10
* * * * * * * * * * * * * 11
Fuel pump: means a vehicle fuel dispensing device, other than a portable fuel container or fuel 12
dispensing vehicle, which can be self-service or full-service. A single fuel pump is a fuel pump 13
that can serve only one vehicle at-a-time. Vehicle fuel dispensing devices that can service more 14
than one vehicle at-a-time consist of multiple fuel pumps. The number of pumps is determined 15
by the maximum number of vehicles that can be serviced at the same time. For example, a fuel 16
dispensing device that can fuel two vehicles at once is considered two fuel pumps, and two fuel 17
dispensing devices that can fuel four vehicles at once is considered four fuel pumps, and so on. 18
# # # # # # # # # # # # # 19
20
5.05.05 Automobile Service StationsFacilities with Fuel Pumps 21
A. The purpose of this section is to ensure that automobile service stationsfacilities with 22
fuel pumps do not adversely impact adjacent land uses, especially residential land 23
uses. The high levels of traffic, glare, and intensity of use associated with service 24
stationsfacilities with fuel pumps, particularly those open 24 hours, may be 25
incompatible with surrounding uses, especially residential uses. Therefore, in the interest 26
of protecting the health, safety, and general welfare of the public, the following 27
regulations shall apply to the location, layout, drainage, operation, landscaping, parking, 28
and permitted sales and service activities of automobile service stationsfacilities with 29
fuel pumps. 30
B. Site design requirements. 31
1. Table of site design requirements: 32
Site
Standards
Minimum lot area (sq. ft.) 30,000
11
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Site
Standards
Minimum lot width (ft.) 150
Minimum lot depth (ft.) 180
Separation from adjacent automobile service stationsfacilities with fuel pumps (ft.)
(based on distance between nearest points) 500
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.
2. Waiver of separation requirements. 1
a. The BZA may, by resolution, grant a waiver of part or all of the minimum 2
separation requirements set forth herein if it is demonstrated by the 3
applicant and determined by the BZA that the site proposed for 4
development of an automobile service stationfacility with fuel pumps 5
is separated from another automobile service stationfacility with fuel 6
pumps by natural or man-made boundaries, structures, or other 7
features which offset or limit the necessity for such minimum distance 8
requirements. The BZA's decision to waive part or all of the distance 9
requirements shall be based upon the following factors: 10
i. Whether the nature and type of natural or manmade boundary, 11
structure, or other feature lying between the proposed 12
establishment and an existing automobile service stationfacility 13
with fuel pumps is determined by the BZA to lessen the impact of 14
the proposed service stationfacility with fuel pumps. Such 15
boundary, structure, or other feature may include, but is not 16
limited to, lakes, marshes, nondevelopable wetlands, designated 17
preserve areas, canals, and a minimum of a 4 lane arterial or 18
collector right-of-way. 19
ii. Whether the automobile service stationfacility with fuel pumps 20
is only engaged in the servicing of automobiles during regular, 21
daytime business hours, or, if in addition to or in lieu of servicing, 22
the stationfacility with fuel pumps sells food, gasoline, and other 23
convenience items during daytime, nighttime, or on a 24 hour 24
basis. 25
iii. Whether the service stationfacility with fuel pumps is located 26
within a shopping center primarily accessed by a driveway, or if 27
it fronts on and is accessed directly from a platted road right-of-28
way. 29
iv. Whether the granting of the distance waiver will have an adverse 30
impact on adjacent land uses, especially residential. 31
b. The Administrative Code shall establish the submittal requirements for an 32
automobile service stationfacility with fuel pumps waiver request. 33
The request for an automobile service stationfacility with fuel pumps 34
waiver shall be based on the submittal of the required application, a site 35
plan, and a written market study analysis which justifies a need for the 36
additional automobile service stationfacilities with fuel pumps in the 37
desired location. 38
12
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c. Additional conditions. The BZA shall have the right to add additional 1
conditions or requirements to its approval of a distance waiver request in 2
order to insure compatibility of the automobile service stationfacility 3
with fuel pumps with the surrounding area and the goals and objectives 4
of the GMP. 5
C. Standards for facilities with fuel pumps in proximity to residential property. In order to 6
promote the public health, safety, welfare, it is the intent of this section to establish 7
standards and procedures for review and approval of the development of facilities with 8
fuel pumps in proximity to residential property. The effective date for this section shall 9
be [date]. 10
1. For the purposes of this section, residential property shall be any lot which is 11
developed or zoned for residential use. New residential property shall be any 12
property that is rezoned to a residential zoning district. 13
2. Table C.2. – Standards for facilities with fuel pumps establishes location and 14
fuel pump standards. In addition to these standards, new residential property 15
shall not be permitted within 300 feet of existing facilities with fuel pumps with 16
more than 8 fuel pumps, except as provided in 5.05.05 C.3. This section is not 17
intended to render residential property unbuildable. 18
19
Table C.2 – Standards for facilities with fuel pumps. 20
Location of Facilities with Fuel Pumps1
Maximum
Number of Fuel
Pumps
approved
Administratively
Number of Fuel Pumps
approved with a public
hearing2,3
New gas
stations
Within 300 feet of residential
property 8 fuel pumps
More than 8 fuel pumps
may be approved as
part of a public hearing
subject to LDC Section
5.05.05 C.3.
Further than 300 feet from
residential property No maximum N/A
Additions or
relocation of
fuel pumps at
existing
facilities with
fuel pumps
Within 300 feet of sensitive land
uses 8 fuel pumps
More than 8 fuel pumps
may be approved as
part of a public hearing.
Existing fuel pumps as
of (effective date) may
be modernized or
replaced.
Further than 300 feet from
residential property No maximum N/A
1 The measurement shall be the shortest distance between the nearest fuel pump or
underground storage tank vent riser, whichever is more restrictive, to the residential property.
2 Public hearings shall include, but not be limited to: conditional uses, PUDs, PUD amendments,
or Site Plan with Deviation and rezone requests.
3 Public hearings shall be subject to LDC Section 5.05.05 C.3.
21
3. Considerations for public hearings. This section applies to 1) facilities with 22
fuel pumps seeking more than 8 fuel pumps within 300 feet of residential 23
property or 2) new residential property seeking to locate within 300 feet of 24
existing facilities with fuel pumps with more than 8 fuel pumps. These uses 25
13
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may be approved through a process that includes a public hearing. In addition 1
to related findings or criteria established in LDC, the public hearing shall include, 2
but are not limited to the following considerations to address compatibility and 3
adverse impacts of the request. 4
a. Number of fuel pumps. 5
b. Proximity and mitigation to residential property or facility with fuel pumps. 6
c. Hours of operation of facility with fuel pumps. 7
d. Architectural design, lighting, landscape buffers, and other site features 8
as described in LDC section 5.05.05 B.2.a.i. 9
e. Location of fuel pumps, parking, loading, and refueling areas. 10
f. Buildings or features, as described in LDC section 5.05.05 B.2.a.i., that 11
are located between residential property and the proposed facility with 12
fuel pumps. 13
g. Additional uses and accessory uses of the facility with fuel pumps. 14
h. Whether the facility with fuel pumps is within an activity center. 15
CD. Building architecture and signage requirements. 16
1. Building architecture shall meet the requirements of section 5.05.08 17
2. Signage for automobile service stationsfacilities with fuel pumps. The 18
following are the only signs allowed in automobile service stations and 19
convenience stores with gas pumpsfacilities with fuel pumps. 20
a. Window, Wall, and other signs: As allowed in Section 5.06.00 of this 21
Code. 22
b. All canopies may have an illuminated corporate logo with a maximum 23
area of 12 square feet shall be allowed on a canopy face which is 24
adjacent to a dedicated street or highway. Otherwise, accent lighting, 25
back lighting and accent striping are prohibited on canopy structures. 26
c. One ground sign shall be permitted for each site and shall be placed 27
within a 200 square foot landscaped area. Height is limited so that the top 28
edge of the sign face is less than eight feet above grade. Maximum 29
permitted area 60 square feet. 30
d. Signage is prohibited above gas pumpsfuel pumps. 31
DE. The following landscape requirements are in addition to the requirements of section 32
4.06.00 Landscaping and Buffering. 33
1. Right-of-way buffer landscaping: 34
a. Landscaping adjacent to rights-of-way external to the development 35
project shall be located within a landscape buffer easement which is a 36
minimum of twenty-five (25) feet in width. Water management swales 37
shall not be located within these buffer areas; however, water 38
management facilities such as underground piping shall be permitted. 39
b. An undulating berm with a maximum slope of 3:1 shall be constructed 40
along the entire length of the landscape buffer. The berm shall be 41
constructed and maintained at a minimum average height of three (3) 42
feet. The berm shall be planted with ground cover (other than grass), 43
shrubs, hedges, trees, and palms. 44
c. The required trees and palms shall be clustered in double rows with a 45
minimum of three (3) trees per cluster. Canopy trees shall be planted a 46
maximum of twenty (20) feet on center within a cluster. The use of palms 47
within the right-of-way buffer shall be limited to landscaped areas 48
adjacent to vehicular access points. Palms shall be planted in staggered 49
heights, a minimum of three (3) palms per cluster, spaced at a maximum 50
of eight (8) feet on center, with a minimum of a four (4) foot difference in 51
height between each tree. Exceptions will be made for Roystonea spp. 52
14
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and Phoenix spp. (not including roebelenii) which may be planted one (1) 1
palm per cluster. A maximum distance of twenty-five (25) feet between all 2
types of tree clusters shall be maintained (See Illustration 1 below). 3
d. All of the trees shall be a minimum of fourteen (14) feet in height at the 4
time of installation. Trees shall have a minimum of a three and one-half 5
(3½) inch caliper at twelve (12) inches above the ground and a six (6) foot 6
spread. At installation, shrubs shall be a minimum of ten (10) gallon, five 7
(5) feet in height, with a three (3) foot spread, planted four (4) feet on 8
center. 9
2. Landscaping adjacent to all other property lines: 10
a. Side property boundaries (other than those adjacent to rights-of-way) 11
shall be planted with single row hedges consistent with the minimum 12
requirements of section 4.06.00, Landscaping and Buffering. 13
b. Rear property boundaries (other than those adjacent to road rights-of-14
way) shall be planted with a single row hedge. The hedge shall be a 15
minimum height of four (4) feet at planting, planted at three (3) feet on 16
center, and shall be maintained at a height of five (5) feet. 17
c. Curbing shall be installed and constructed, consistent with minimum code 18
requirements, between all paved areas and landscape areas. 19
20 Illustration 1. Auto Service Station R.O.W. Landscape Requirements 21
EF. Automobile service stationFacility with fuel pumps sites shall be separated from 22
adjacent residentially zoned or residentially developed properties by an architecturally 23
designed 6 foot high masonry wall or fence utilizing materials similar in color, module, 24
and texture to those utilized for the building. Landscaping shall be planted on the 25
residential side of the fence or wall. 26
FG. Lighting. 27
1. All lighting facilities shall be directed away from adjoining properties. 28
2. On-site luminaries shall be of low level, indirect diffuse type, and shall not exceed 29
a height of greater than twenty (20) feet above finished grade. 30
3. Lighting located underneath a canopy shall be of low level, indirect diffuse type 31
designed to provide light only to the pump island areas located underneath said 32
canopy. 33
GH. All restrooms shall be located inside or to the side or rear of the building. 34
15
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HI. As required by section 5.03.04, a six (6) foot high enclosed trash area to be integrated 1
with the design of the service stationfacility with fuel pumps shall be provided. 2
IJ. Storage tanks shall be located below grade. 3
JK. There shall be no outside displays of products, stacking of tires, or other merchandise. 4
KL. No automobile service stationfacilities with fuel pumps shall have an entrance or 5
exit for vehicles within 200 feet along the same side of a street as a school, public 6
playground, child care center, church, hospital, public library, or any institution for 7
dependents or for children, except where such property is in another block. 8
LM. Color accent banding on gasoline canopy structures and all other structures is 9
prohibited. Canopies shall be of one (1) color, consistent with the predominant color of 10
the principal structure, if applicable. The color of all structures on-site shall be of soft 11
earth tones or pastels. 12
MN. Each automobile service stationfacility with fuel pumps shall provide the necessary 13
infrastructure and pre-wiring in order to provide the capabilities for generator service in 14
case of emergencies. 15
NO. In addition to the retail dispensing of automobile fuels and oil, only the following services 16
may be rendered and sales made, except as indicated: 17
1. Sales and servicing of spark plugs, batteries, distributors, and distributor parts. 18
2. Sales, mounting, balancing, and repair of tires and wheel alignments, but not 19
recapping of tires. 20
3. Sales and replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, 21
floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers, 22
mirrors, exhaust systems, and the like. 23
4. Provision of water, antifreeze, flushing of the cooling system, air conditioning 24
recharge, and the like. 25
5. Providing and repairing fuel pumps and lines. 26
6. Minor motor adjustments not involving removal of the head or crankcase. 27
7. Greasing and lubrication. 28
8. Sales of cold drinks, candies, tobacco, and similar convenience goods for service 29
station customers, but strictly and only as accessory and incidental to the 30
principal business operation. 31
9. Provision of road maps and other information. 32
10. No mechanical work shall be allowed outside of the enclosed areas. 33
11. Oil drainage pits or appliances for such purpose or repair purposes shall be 34
located within a wholly enclosed building. 35
12. Uses permissible at an automobile service stationfacility with fuel pumps do 36
not include major mechanical and body work, straightening of frames or body 37
parts, steam cleaning, painting, welding, storage of automobiles (except as 38
expressly permitted in subsection 13. below), commercial garage as an 39
accessory use, or other work involving undue noise, glare, fumes, smoke, or 40
other characteristics to an extent greater than normally found in such 41
stationsfacilities. An automobile service stationfacility with fuel pumps is not 42
a facility for the sale of automobile vehicles, a repair garage, a body shop, or a 43
truck stop. 44
13. The temporary storage of vehicles shall be permitted if the vehicles are to be 45
serviced at the service stationfacility with fuel pumps or if the vehicles have 46
been towed by the service stationfacility with fuel pumps and are being held for 47
servicing, for an insurance company, or for salvage. Any such vehicle(s), other 48
than those vehicles serviced daily, shall be stored within an area surrounded by 49
an opaque fence not less than six (6) feet high. Said vehicles shall not be stored 50
longer than sixty (60) days. 51
16
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14. Washing and polishing of automobiles and sale of automobile washing and 1
polishing materials, but this only allows auto detailing as an accessory use. This 2
provision does not allow carwashes except in those zoning districts where a 3
carwash is a permitted use, and where such carwashes shall be subject to 4
criteria specified in the zoning district. 5
OP. Exceptions: 6
1. The site design standards set forth in 5.05.05 B.1. (table) shall not apply to, nor 7
render non-conforming, any existing automobile service stationsfacilities with 8
fuel pumps or any automobile service stationsfacilities with fuel pumps 9
within a PUD in which a specific architectural rendering and site plan was 10
approved as part of a rezoning action prior to July 5, 1998. 11
2. The site design standards set forth in 5.05.05 F.—M. or any other applicable 12
development standard shall apply to existing automobile service 13
stationsfacilities with fuel pumps pursuant to the provisions of 9.03.00 14
Nonconformities, and all other applicable sections of the Land Development 15
Code. 16
(Ord. No. 09-43, § 3.A; Ord. No. 10-23, § 3.JJ; Ord. No. 13-56, § 3.S) 17
# # # # # # # # # # # # 18
19
20
17
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